(PS) Johnson v. Gibson ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DELONE T. JOHNSON, No. 2:23–cv–00344-KJM–CKD PS 12 Plaintiff, ORDER AND FINDINGS AND RECOMMENDATIONS 13 v. 14 DANIEL GIBSON, 15 Defendant. 16 Plaintiff is proceeding in this action pro se and in forma pauperis. This proceeding was 17 referred to this court by Local Rule 302(c)(21). 18 On July 21, 2023, the undersigned dismissed the complaint in this action with leave to file 19 an amended complaint within 28 days. (ECF No. 3.) Plaintiff was informed that failure to file an 20 amended complaint could result in the dismissal of this action. The deadline has passed, and 21 plaintiff has not filed an amended complaint nor otherwise responded to the court’s order. 22 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed for lack of 23 jurisdiction. 24 In light of these recommendations, IT IS ALSO HEREBY ORDERED that all pleading, 25 discovery, and motion practice in this action are STAYED pending resolution of the findings and 26 recommendations. With the exception of objections to the findings and recommendations and 27 any non-frivolous motions for emergency relief, the court will not entertain or respond to any 28 1 | motions and other filings until the findings and recommendations are resolved. 2 These findings and recommendations are submitted to the United States District Judge 3 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 4 || after being served with these findings and recommendations, plaintiff may file written objections 5 || with the court and serve a copy on all parties. Such a document should be captioned “Objections 6 || to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 7 || objections within the specified time may waive the right to appeal the District Court’s order. 8 | Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 9 | Dated: September 26, 2023 / a8 } i | / p , {a ce 10 CAROLYN DELANEY 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 |] 24ohnson344.f8rsdismiss 15 16 17 18 19 20 21 22 23 24 25 26 27 28