(PC) Poarch v. Randy ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY ROOSEVELT POARCH, Case No. 2:20-cv-01191-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 LENICK RANDY, et al. FAILURE TO STATE A CLAIM 15 Defendants. OBJECTIONS DUE WITHIN FOURTEEN DAYS 16 17 18 19 On September 3, 2020, the previously assigned magistrate judge screened plaintiff’s 20 complaint, found that it failed to state a claim, and granted plaintiff thirty days to file an amended 21 complaint. ECF No. 20. Rather than filing an amended complaint, plaintiff subsequently filed 22 four one-page documents that are largely unintelligible. ECF No. 21-23, 25. On October 22, 23 2020, plaintiff was ordered to show cause within thirty days why this action should not be 24 dismissed for failure to prosecute and failure to state a claim. ECF No. 26. Plaintiff was warned 25 that failure to respond to the court’s order could result in dismissal of this action. Id. at 2. 26 In response, plaintiff filed six documents, which are also unintelligible. ECF No. 27-32. 27 Plaintiff did not file an amended complaint, and his recent filings fail to provide a reasonable 28 1 | explanation for his failure to do so. Thus, plaintiff has failed to show cause why this action 2 | should not be dismissed. 3 Accordingly, it is ORDERED that the clerk of court shall randomly assign a United States 4 | District Judge to this case. 5 Further, it is RECOMMENDED that: 6 1. This action be dismissed without prejudice for failure to prosecute, failure to comply 7 | with court orders, and for failure to state a claim as set forth in the September 3, 2020 order. See 8 | ECF No. 20. 9 2. The Clerk of Court be directed to close the case. 10 These findings and recommendations are submitted to the United States District Judge 11 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days 12 | after being served with these findings and recommendations, any party may file written 13 | objections with the court and serve a copy on all parties. Such a document should be captioned 14 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 15 | objections shall be served and filed within fourteen days after service of the objections. The 16 | parties are advised that failure to file objections within the specified time may waive the right to 17 | appeal the District Court’s order. Turner vy. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 18 | v. Vist, 951 F.2d 1153 (9th Cir. 1991). 19 20 IT IS SO ORDERED. 21 ( q Sty - Dated: _ December 11, 2020 Q_-——_ 22 JEREMY D. PETERSON 54 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28