(PS) Tubbs v. California Baptist University ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PATRICK TUBBS, Case No. 2:22-cv-01913-TLN-JDP (PS) 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 UNITED STATES ATTORNEY EASTERN DISTRICT OF CALIFORNIA, 15 et al., 16 Defendants. 17 18 On April 10, 2023, I screened plaintiff’s complaint, notified him that it failed to state a 19 claim, and granted him thirty days to file an amended complaint. ECF No. 3. I also warned 20 plaintiff that failure to file an amended complaint would result in a recommendation that this 21 action be dismissed.1 Id. at 3. 22 The deadline has passed, and plaintiff has not filed an amended complaint or otherwise 23 responded to the April 10, 2023 order. Accordingly, it is hereby RECOMMENDED that: 24 1. This action be dismissed for failure to prosecute, failure to comply with court orders, 25 and failure to state a claim for the reasons set forth in the April 10, 2023 order. 26 1 Although it appears from the file that plaintiff’s copy of the April 10, 2023 order was 27 returned, plaintiff was properly served. Pursuant to Local Rule 182(f), service of documents at the record address of the party is fully effective. 28 1 2. The Clerk of Court be directed to close the case. 2 These findings and recommendations are submitted to the United States District Judge 3 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days 4 | after being served with these findings and recommendations, any party may file written 5 | objections with the court and serve a copy on all parties. Such a document should be captioned 6 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 7 | objections shall be served and filed within fourteen days after service of the objections. The 8 | parties are advised that failure to file objections within the specified time may waive the right to 9 | appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 10 | v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 IT IS SO ORDERED. 13 ( 1 Ow — Dated: _ June 8, 2023 q-—— 14 JEREMY D. PETERSON 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28