(PC) Jackson v. Babu ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES ESCO JACKSON, No. 2:23-cv-0034 DB P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 VEER BABU et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se. On June 8, 2023, the court dismissed 18 plaintiff’s first amended complaint (ECF No. 11) for failure to state a claim and granted plaintiff 19 thirty days to file a second amended complaint. (ECF No. 12.) Plaintiff did not file a second 20 amended complaint or otherwise respond to the court’s order. 21 On July 27, 2023, the court issued an order directing plaintiff to file a second amended 22 complaint or show cause in writing why this case should not be dismissed for failure to prosecute 23 and failure to comply with court orders. (ECF No. 13.) Plaintiff was granted thirty days to 24 respond to the order and warned that failure to comply would result in a recommendation that this 25 action be dismissed. (Id.) 26 Those thirty days have passed, and plaintiff has not filed an amended complaint or 27 otherwise responded to the court’s order. Therefore, the undersigned will recommend this action 28 //// 1 | be dismissed without prejudice for failure to prosecute and failure to comply with court orders. 2 | Fed. R. Civ. P. 41(b); E.D. Cal. R. 110. 3 For the foregoing reasons, IT IS ORDERED that the Clerk of the Court randomly assign a 4 | district judge to this action. 5 IT IS RECOMMENDED that: 6 1. This action be dismissed without prejudice; and 7 2. The Clerk of the Court be directed to close this 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 (14) 10 | days after being served with these findings and recommendations, plaintiff 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.” Plaintiff is advised that 13 | failure to file objections within the specified time may waive the right to appeal the District 14 | Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 15 | Dated: September 11, 2023 16 17 18 ORAH BARNES mB: 1S UNITED STATES MAGISTRATE JUDGE 19 | ppp Prisoner Inbox/Civil Rights/R/jack0034.fta.fr 20 21 22 23 24 25 26 27 28