(PC)Smith v. O'Brian ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RODRICK JERMON SMITH, Case No. 2:20-cv-01510-JDP (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS THAT THIS ACTION BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE, FAILURE TO COMPLY WITH COURT ORDERS, AND 14 L. O’BRIAN, et al., FAILURE TO STATE A CLAIM 15 Defendants. OBJECTIONS DUE WITHIN FOURTEEN DAYS 16 17 18 19 On September 29, 2020, the previously assigned magistrate judge screened plaintiff’s 20 complaint, dismissed it for failure to state a claim, and granted plaintiff thirty days to file an 21 amended complaint. ECF No. 5. Plaintiff was subsequently granted a thirty-day extension of 22 time to file an amended complaint. ECF No. 10. Despite that extension, plaintiff failed to timely 23 file an amended complaint. Accordingly, on February 18, 2021, plaintiff was ordered to show 24 cause within twenty-one days why this action should not be dismissed for failure to prosecute and 25 for failure to state a claim. ECF No. 11. Plaintiff was notified that if he wished to continue with 26 this lawsuit, he must file an amended complaint. He was also warned that failure to comply with 27 the February 18 order would result in a recommendation that this action be dismissed. 28 1 The deadline has passed, and plaintiff has not filed an amended complaint nor otherwise 2 | responded to the February 18, 2021 order. Accordingly, it is hereby ORDERED that the Clerk of 3 | Court shall randomly assign a United States District Judge to this case. 4 Further, it is RECOMMENDED that: 5 1. This action be dismissed for failure to prosecute, failure to comply with court orders, 6 | and failure to state a claim for the reasons set forth in the September 29, 2020 order. See ECF 7 | No.5. 8 2. The Clerk of Court be directed to close the case. 9 These findings and recommendations are submitted to the United States District Judge 10 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 11 | after being served with these findings and recommendations, any party may file written 12 | objections with the court and serve a copy on all parties. Such a document should be captioned 13 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 14 | objections shall be served and filed within fourteen days after service of the objections. The 15 | parties are advised that failure to file objections within the specified time may waive the right to 16 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 17 | v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 18 19 IT IS SO ORDERED. 20 ( q oy — Dated: _ April 22, 2021 21 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28