(PC) Gunn v. Stanton Correctional Facility ( 2021 )

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. 2:21-cv-00365-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 CORRECTIONAL FAILURE TO STATE A CLAIM FACILITY, et al., 15 OBJECTIONS DUE WITHIN FOURTEEN Defendants. DAYS 16 17 On April 16, 2021, I screened plaintiff’s complaint pursuant to 28 U.S.C. § 1915A. ECF 18 No. 10. I notified plaintiff that the complaint failed to state a claim and granted him sixty days to 19 either file an amended complaint or notify the court that he wished to stand by his original 20 complaint. Id. I also warned plaintiff that failure to comply with that order could result in 21 dismissal of this action. Id. at 3. Plaintiff was subsequently granted an extension until July 30, 22 2021, to file his amended complaint. ECF No. 13. Despite that extension, plaintiff has not filed 23 an amended complaint, nor has he notified the court that he wishes to stand by his original 24 complaint.1 25 26 1 Although it appears from the file that plaintiff’s copy of the June 30, 2021 order granting 27 him an extension of time was returned, plaintiff was properly served. It is the plaintiff’s responsibility to keep the court apprised of his current address at all times. Pursuant to Local 28 Rule 182(f), service of documents at the record address of the party is fully effective. 1 Accordingly, it is hereby ORDERED that the Clerk of Court shall randomly assign a 2 | United States District Judge to this case. 3 Further, it is RECOMMENDED that: 4 1. This action be dismissed for failure to prosecute, failure to comply with court orders, 5 | and failure to state a claim for the reasons set forth in the April 16, 2021 order. See ECF No. 10. 6 2. The Clerk of Court be directed to close the case. 7 These findings and recommendations are submitted to the United States District Judge 8 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days 9 | after being served with these findings and recommendations, any party may file written 10 | objections with the court and serve a copy on all parties. Such a document should be captioned 11 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 12 | objections shall be served and filed within fourteen days after service of the objections. The 13 | parties are advised that failure to file objections within the specified time may waive the right to 14 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 16 7 IT IS SO ORDERED. 18 ( q oy — Dated: _ September 17, 2021 19 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28