(PC) Van den Heuvel v. Strancener ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN MARK VAN DEN HEUVEL, No. 2:23-cv-0278 DB P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 WARREN C. STRANCENER, et al., 15 Defendants. 16 17 Plaintiff is a former1 county inmate proceeding pro se with a civil rights action pursuant to 18 42 U.S.C. § 1983. By order dated July 27, 2023, the undersigned dismiss the complaint for 19 failure to state a claim. (ECF No. 5.) Plaintiff was given thirty days leave to file an amended 20 complaint and warned that failure to comply would result in a recommendation that this action be 21 dismissed. (Id.) Those thirty days have passed, and plaintiff has not filed an amended complaint, 22 sought additional time to file an amended complaint, or otherwise responded to the court’s order. 23 Accordingly, the undersigned will recommend that this action be dismissed for failure to 24 prosecute and failure to comply with court orders. 25 //// 26 1 At the time plaintiff filed the complaint he was in the custody of El Dorado County (See ECF 27 No. 1-1 at 1.) However, a notice of change of address filed in Van den Heuvel v. Clark, 2:23-cv- 0708 KJM DMC (E.D. Cal.) on June 30, 2023, indicates that plaintiff has been released from 28 custody. 1 For the foregoing reasons, the Clerk of the Court is ORDERED to randomly assign this 2 | action to a United States District Judge. 3 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See 4 | Local Rule 110; Fed. R. Civ. P. 41(b). 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)(1). Within twenty days 7 | after being served with these findings and recommendations, plaintiff may file written objections 8 | with the court and serve a copy on all parties. Such a document should be captioned “Objections 9 | to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 10 | objections within the specified time may waive the right to appeal the District Court’s order. 11 | Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 12 | Dated: September 11, 2023 13 14 15 ORAH BARNES UNITED STATES MAGISTRATE JUDGE 16 DB:12 17 | DB/DB Prisoner Inbox/Civil Rights/R/vand0278 f&r.fta 18 19 20 21 22 23 24 25 26 27 28