(PC)Gunn v. Solano County ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 AUMINTRIUS DAMOUR GUNN, Case No. 2:20-cv-02118-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 STANTON COUNTY—MEDICAL FAILURE TO STATE A CLAIM CUSTODY DIVISION, et al., 15 OBJECTIONS DUE WITHIN FOURTEEN Defendants. DAYS 16 17 18 On April 23, 2021, I screened plaintiff’s complaint pursuant to 28 U.S.C. § 1915A. ECF 19 No. 10. I notified plaintiff that it failed state a claim and granted him sixty days to file an 20 amended complaint. Id. Plaintiff subsequently requested, and I granted, an extension of time to 21 file an amended complaint. ECF Nos. 9 & 10. Despite that extension, plaintiff failed to timely 22 file an amended complaint. Accordingly, on October 7, 2021, I ordered him to show cause within 23 twenty-one days why this action should not be dismissed for both failure to prosecute and failure 24 to state a claim. ECF No. 15. I notified him that if he wished to continue with this lawsuit, he 25 would need to file an amended complaint. I also warned him that failure to comply with the 26 October 7 order would result in a recommendation that this action be dismissed. Id. 27 28 1 The deadline has passed, and plaintiff has not filed an amended complaint nor otherwise 2 | responded to the October 7, 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, 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 April 23, 2021, order. See ECF No. 10. 7 2. The Clerk of Court be directed to close the case. 8 These findings and recommendations are submitted to the United States District Judge 9 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 10 | after being served with these findings and recommendations, any party may file written 11 | objections with the court and serve a copy on all parties. Such a document should be captioned 12 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 13 | objections shall be served and filed within fourteen days after service of the objections. The 14 | parties are advised that failure to file objections within the specified time may waive the right to 15 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 16 | v. Yist, 951 F.2d 1153 (9th Cir. 1991). 17 1g | IIS SO ORDERED. 19 ( _ nq | Dated: —Hebmary 2.2022 — Jess YoSuvoe JEREMY D. PETERSON 21 UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28