(PS) Harp v. The Modesto Gospel Mission ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LEWIS WAYNE HARP, III, Case No. 1:23-cv-00718-TLN-JDP (PS) 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS THAT THIS ACTION BE DISMISSED 14 THE MODESTO GOSPEL MISSION, et WITHOUT PREJUDICE FOR FAILURE TO al., PROSECUTE AND FAILURE TO COMPLY 15 WITH A COURT ORDER Defendants. 16 17 18 19 On May 17, 2023, the previously assigned magistrate judge screened plaintiff’s complaint 20 and notified him that it failed state a claim. ECF No. 10. Plaintiff was granted thirty days to file 21 an amended complaint or a notice of voluntary dismissal. Plaintiff failed to do so. Accordingly, 22 on June 23, 2023, the previously assigned magistrate judge ordered him to show cause within 23 twenty-one days for why this action should not be dismissed for failure to prosecute and failure to 24 comply with a court order. ECF No. 12. Plaintiff was notified that if he wished to continue with 25 this lawsuit, he must file an amended complaint, a statement indicating he stands on his original 26 complaint, or a notice of voluntary dismissal. Plaintiff was also warned that failure to comply 27 with the that order would result in a recommendation that this action be dismissed. Id. 28 1 The deadline has passed, and plaintiff has not filed an amended complaint or otherwise 2 || responded to the June 23, 2023 order. Accordingly, it is hereby RECOMMENDED that: 3 1. This action be dismissed without prejudice for failure to prosecute and failure to 4 | comply with court orders for the reasons set forth in the June 23, 2023 order. 5 2. The Clerk of Court be directed to close the case. 6 These findings and recommendations are submitted to the United States District Judge 7 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 8 | after being served with these findings and recommendations, any party may file written 9 | objections with the court and serve a copy on all parties. Such a document should be captioned 10 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 11 | objections shall be served and filed within fourteen days after service of the objections. The 12 | parties are advised that failure to file objections within the specified time may waive the right to 13 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 14 | v. Vist, 951 F.2d 1153 (9th Cir. 1991). 15 16 IT IS SO ORDERED. 17 ( 1 Sy — Dated: _ October 12, 2023 18 JEREMY D. PETERSON 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28