(PC) Price v. Sutton ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KARIM HASAN PRICE, 1:19-cv-00717-DAD-GSA-PC 12 Plaintiff, FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT THIS CASE 13 vs. BE DISMISSED, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM, 14 JOHN SUTTON, et al., FAILURE TO OBEY A COURT ORDER, AND FAILURE TO PROSECUTE 15 Defendants. (ECF Nos. 1, 10.) 16 OBJECTIONS, IF ANY, DUE IN FOURTEEN (14) DAYS 17 18 19 20 Karim Hasan Price (“Plaintiff”) is a state prisoner proceeding pro se and in forma 21 pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint 22 commencing this action on May 22, 2019. (ECF No. 1.) On August 21, 2020, the court screened 23 the Complaint and issued an order dismissing the Complaint for failure to state a claim, with 24 leave to file an amended complaint within thirty days. (ECF No. 10.) Plaintiff requested and 25 was granted two extensions of time to file the amended complaint. (ECF Nos. 12, 14.) The 26 deadlines have now expired and Plaintiff has not filed an amended complaint or otherwise 27 responded to the court’s order. As a result, there is no pleading on file which sets forth any 28 claims upon which relief may be granted. 1 Accordingly, IT IS HEREBY RECOMMENDED that: 2 1. Pursuant to 28 U.S.C. § 1915A, this case be DISMISSED, with prejudice, based 3 on Plaintiff’s failure to obey a court order, failure to prosecute, and failure to state 4 a claim upon which relief may be granted under § 1983; and 5 2. The Clerk be directed to close this case. 6 These findings and recommendations are submitted to the United States District Judge 7 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen 8 (14) days from the date of service of these findings and recommendations, Plaintiff may file 9 written objections with the court. Such a document should be captioned “Objections to 10 Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 11 objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. 12 Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 13 (9th Cir. 1991)). 14 IT IS SO ORDERED. 15 16 Dated: March 12, 2021 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28