(PC) Harris v. Mkrtchyan ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EMMETT HARRIS, Case No. 2:19-cv-01040-JAM-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 MKITCHYAN, FAILURE TO STATE A CLAIM 15 Defendant. OBJECTIONS DUE WITHIN FOURTEEN DAYS 16 17 On June 28, 2021, the court granted defendant’s motion to dismiss and dismissed 18 plaintiff’s second amended complaint. ECF No. 38. Plaintiff was granted thirty days to file a 19 third amended complaint. Id. He subsequently requested, and the court granted, an extension 20 until August 25, 2021 to file a third amended complaint. ECF Nos. 39 & 40. Plaintiff did not file 21 an amended complaint by that date. Accordingly, on September 16, 2021, plaintiff was ordered 22 to show cause within twenty-one days why this action should not be dismissed for failure to 23 prosecute and failure to state a claim. ECF No. 41. He was notified that if he wished to continue 24 with this lawsuit, he must file an amended complaint. He was also warned that failure to comply 25 with the September 16 order would result in a recommendation that this action be dismissed. Id. 26 The deadline has passed, and plaintiff has not filed an amended complaint nor otherwise 27 responded to the September 16, 2021 order. Accordingly, it is hereby RECOMMENDED that: 28 1 1. This action be dismissed for failure to prosecute, failure to comply with court orders, 2 | and failure to state a claim for the reasons set forth in the June 28, 2021 order. See ECF No. 38. 3 2. The Clerk of Court be directed to close the case. 4 These findings and recommendations are submitted to the United States District Judge 5 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days 6 | after being served with these findings and recommendations, any party may file written 7 | objections with the court and serve a copy on all parties. Such a document should be captioned 8 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 9 | objections shall be served and filed within fourteen days after service of the objections. The 10 | parties are advised that failure to file objections within the specified time may waive the right to 11 appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 12 | v. Yist, 951 F.2d 1153 (9th Cir. 1991). 13 14 | IT IS SO ORDERED. 15 ( _ 16 Dated: _ November 5, 2021 _ Jsrane Yotvse JEREMY D. PETERSON 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28