(PC) Brunsvik v. Magrini ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NICHOLAS CRAIG BRUNSVIK, Case No. 2:21-cv-00973-WBS-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 ERIC MAGRINI, et al., FAILURE TO STATE A CLAIM 15 Defendants. OBJECTIONS DUE WITHIN FOURTEEN DAYS 16 17 On October 6, 2021, I screened plaintiff’s first amended complaint pursuant to 28 U.S.C. 18 § 1915A. ECF No. 6. I notified plaintiff that he could proceed with his viable due process claim 19 against defendants Johnson, Marlar, and South, but that his remaining claims were not 20 cognizable. Id. at 3-4. I therefore ordered plaintiff, within sixty days, either to file an amended 21 complaint or to notify the court that he wishes to proceed only with his due process claim. 22 Plaintiff failed to comply with that order. Accordingly, on December 28, 2021, I ordered him to 23 show cause within twenty-one days why this action should not be dismissed both for failure to 24 prosecute and failure to comply with court orders. ECF No. 8. I notified him that if he wished to 25 continue with this lawsuit, he must file an amended complaint. I also warned him that failure to 26 27 28 1 | comply with the December 28 order would result in a recommendation that this action be 2 | dismissed! Jd. 3 The deadline has passed, and plaintiff has not filed an amended complaint nor otherwise 4 | responded to the December 28, 2021 order. Accordingly, it is hereby RECOMMENDED that: 5 1. This action be dismissed for failure to prosecute and for failure to comply with court 6 | orders. 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 ' Although it appears from the file that plaintiff's copy of the December 28, 2021 order was returned, plaintiff was properly served. Pursuant to Local Rule 182(f), service of documents 28 | at the record address of the party is fully effective.