(PC) Reyes v. Matteson ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRAULIO ULISES REYES, Case No. 2:20-cv-00815-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 GISELLE MATTESON, et al., FAILURE TO STATE A CLAIM 15 Defendants. OBJECTIONS DUE WITHIN FOURTEEN DAYS 16 17 18 19 On November 10, 2020, I screened plaintiff’s first amended complaint, notified plaintiff 20 that it failed to state a claim, and allowed plaintiff sixty days to file a second amended complaint. 21 ECF No. 17. I subsequently granted plaintiff two sixty-day extensions, the most recent of which 22 ran through April 19, 2021, to file a second amended complaint. ECF Nos. 19, 21. Despite those 23 extensions, he did not timely file a second amended complaint. Accordingly, on May 5, 2021, I 24 ordered him to show cause within twenty-one days why this action should not be dismissed for 25 failure to prosecute and failure to state a claim. ECF No. 22. I also notified him that if he wished 26 to continue with this lawsuit, he would need to file a second amended complaint. I warned him 27 that failure to comply with the May 5 order would result in a recommendation that this action be 28 dismissed. 1 The deadline has passed, and plaintiff has not filed a second amended complaint or 2 | otherwise responded to the May 5, 2021 order. Accordingly, it is hereby ORDERED that the 3 | Clerk of 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 November 10, 2020 order. See ECF No. 7 | 17. 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)(). 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: _ June 28, 2021 21 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28