(PC) Vanzuylen v. Ribera ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ARTHUR VANZUYLEN, CASE NO. 1:20-cv-0057 DAD JLT (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS CASE FOR FAILURE TO 13 v. COMPLY WITH COURT ORDER AND FAILURE TO STATE A CLAIM 14 A. RIBERA, et al., FOURTEEN-DAY DEADLINE 15 Defendants. 16 17 The Court screened Plaintiff’s complaint and found it lacks a cognizable claim. The Court 18 directed Plaintiff to submit a notice indicating whether he wished to proceed with the complaint as 19 screened, whether he wished to file a new pleading, or whether he wished to dismiss this action. The 20 Court warned Plaintiff that failure to comply with the order would result in the recommendation that 21 the action be dismissed for failure to obey a court order and failure to state a claim. The deadline for 22 responding to the Court’s order has now passed, and plaintiff has not submitted a notice, an amended 23 pleading, or a request for extension of time. 24 The Court therefore RECOMMENDS that this action be dismissed for failure to obey a court 25 order and failure to state a claim. 26 These Findings and Recommendations will be submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen days 28 1 after being served with these Findings and Recommendations, the parties may file written objections 2 with the Court. The document should be captioned “Objections to Magistrate Judge’s Findings and 3 Recommendations.” The parties are advised that failure to file objections within the specified time 4 may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 5 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 6 IT IS SO ORDERED. 7 8 Dated: October 2, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28