(PC) Virgil v. CDCR ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RONDELL EARL VIRGIL, Case No. 2:20-cv-01373-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 CDCR, et al., FAILURE TO STATE A CLAIM 15 Defendants. OBJECTIONS DUE WITHIN FOURTEEN DAYS 16 17 On April 20, 2021, I screened plaintiff’s first amended complaint pursuant to 28 U.S.C. 18 § 1915A. ECF No. 20. I notified plaintiff that it failed state a claim and granted him sixty days 19 to file an amended complaint. Id. Plaintiff subsequently requested, and I granted, two sixty-day 20 extensions to file a second amended complaint. ECF Nos. 21-24. Despite those extensions, 21 plaintiff failed to timely file an amended complaint. Accordingly, on November 8, 2021, I 22 ordered him to show cause within twenty-one days why this action should not be dismissed for 23 both failure to prosecute and failure to state a claim. ECF No. 25. I notified him that if he wished 24 to continue with this lawsuit, he would need to file an amended complaint. I also warned him that 25 failure to comply with the November 8 order would result in a recommendation that this action be 26 dismissed.1 Id. 27 1 Although it appears from the file that plaintiff’s copy of the November 8, 2021, order 28 was returned, plaintiff was properly served. Pursuant to Local Rule 182(f), service of documents 1 The deadline has passed, and plaintiff has not filed an amended complaint nor otherwise 2 | responded to the November 8, 2021, order. Accordingly, it is hereby RECOMMENDED that: 3 1. This action be dismissed for failure to prosecute, failure to comply with court orders, 4 | and failure to state a claim for the reasons set forth in the April 20, 2021, order. See ECF No. 20. 5 2. The Clerk of Court be directed to close the case. 6 These findings and recommendations are submitted to the United States District Judge 7 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 8 | after being served with these findings and recommendations, any party may file written 9 | objections with the court and serve a copy on all parties. Such a document should be captioned 10 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 11 | objections shall be served and filed within fourteen days after service of the objections. The 12 | parties are advised that failure to file objections within the specified time may waive the right to 13 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 14 | v. Vist, 951 F.2d 1153 (9th Cir. 1991). 15 16 | SO ORDERED. 17 ( _ 1g | Dated: —February 2, 2022 — Jess YoSuvoe JEREMY D. PETERSON 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 | at the record address of the party is fully effective.