(PC) Mills v. Deems ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RODNEY JAMES MILLS, Case No. 2:22-cv-01738-TLN-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 MICHAEL R. DEEMS, et al., FAILURE TO STATE A CLAIM 15 Defendants. OBJECTIONS DUE WITHIN FOURTEEN DAYS 16 17 On December 2, 2022, I screened plaintiff’s complaint, notified him that it failed to state a 18 claim, and gave him thirty days to file an amended complaint. ECF No. 11. I also warned him 19 that failure to comply with the December 2 order could result in dismissal of this action. Id. at 4. 20 Plaintiff did not file an amended complaint. Accordingly, on January 23, 2023, I ordered him to 21 show cause within twenty-one days why this action should not be dismissed. ECF No. 12. I 22 notified him that if he wished to continue with this action he must file, within twenty-one days, an 23 amended complaint. I also warned him that failure to comply with the order would result in a 24 recommendation that this action be dismissed. Id. 25 The deadline has passed, and plaintiff has not filed an amended complaint or otherwise 26 responded to the January 23, 2023 order.1 27 1 On February 3, 2023, plaintiff filed a notice of change of address, but did not file an 28 amended complaint or respond to the order to show cause. ECF No. 13. 1 Accordingly, it is hereby RECOMMENDED that: 2 1. This action be dismissed for failure to prosecute, failure to comply with court orders, 3 | and failure to state a claim, for the reasons set forth in the December 2, 2022 order. 4 2. The Clerk of Court be directed to close the case. 5 These findings and recommendations are submitted to the United States District Judge 6 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days 7 | after being served with these findings and recommendations, any party may file written 8 | objections with the court and serve a copy on all parties. Such a document should be captioned 9 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 10 | objections shall be served and filed within fourteen days after service of the objections. The 11 | parties are advised that failure to file objections within the specified time may waive the right to 12 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 13 | v. Yist, 951 F.2d 1153 (9th Cir. 1991). 14 1s IT IS SO ORDERED. 16 | q Sty — Dated: _ April 4, 2023 Q——— 17 JEREMY D. PETERSON 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28