(PS) Rojas v. CA Correctional Health Care Services ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT EUGENE ROJAS, Case No. 2:22-cv-01100-DAD-JDP (PS) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS THAT THE CASE BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE, FAILURE TO STATE A CLAIM, AND FAILURE TO 14 CALIFORNIA CORRECTIONAL COMPLY WITH COURT ORDERS HEALTH CARE SERVICES, 15 ECF Nos. 7 & 8 Defendants. 16 OBJECTIONS DUE WITHIN FOURTEEN DAYS 17 18 19 On April 24, 2023, the court screened plaintiff’s complaint, notified him that it failed state 20 a claim, and allowed him thirty days to file an amended complaint. ECF No. 7. Plaintiff failed to 21 timely file an amended complaint. Accordingly, on June 9, 2023, I ordered him to show cause 22 within fourteen days why this action should not be dismissed for failure to prosecute and failure 23 to state a claim. ECF No. 8. I notified him that if he wished to continue with this lawsuit, he 24 must file an amended complaint. I also warned plaintiff that failure to comply with the June 9 25 order would result in a recommendation that this action be dismissed. Id. 26 The deadline has passed, and plaintiff has not filed an amended complaint or otherwise 27 responded to the June 9, 2023 order. Accordingly, it is hereby RECOMMENDED that: 28 1 1. This action be dismissed for failure to prosecute, failure to comply with court orders, 2 | and failure to state a claim for the reasons set forth in the April 24, 2023 order. 3 2. The Clerk of Court be directed to close the case. 4 These findings and recommendations are submitted to the United States District Judge 5 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days 6 | after being served with these findings and recommendations, any party may file written 7 | objections with the court and serve a copy on all parties. Such a document should be captioned 8 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 9 | objections shall be served and filed within fourteen days after service of the objections. The 10 | parties are advised that failure to file objections within the specified time may waive the right to 11 appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 12 | v. Yist, 951 F.2d 1153 (9th Cir. 1991). 13 4 IT IS SO ORDERED. 15 ( 1 Ow — Dated: _ October 30, 2023 Q_—_—. 16 JEREMY D. PETERSON 7 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28