(PC) Mills v. Agurkis ( 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-01675-JDP (PC) 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 J. AGURKIS, et al., 15 Defendants. 16 17 On January 23, 2023, I screened plaintiff’s complaint and notified him that the claims 18 were not cognizable. ECF No. 11. I granted him thirty days to file an amended complaint or 19 advisement indicating his intent to stand by his current complaint, subject to a recommendation 20 that it be dismissed. I also warned him that failure to comply with the January 23 order could 21 result in dismissal of this action. Id. at 4. Plaintiff did not file an amended complaint. 22 Accordingly, on April 4, 2023, I ordered him to show cause within twenty-one days why 23 this action should not be dismissed. ECF No. 15. I notified him that if he wished to continue 24 with this action he must file, within twenty-one days, an amended complaint or advisement of his 25 intent to stand by his current complaint. I also warned him that failure to comply with the order 26 would result in a recommendation that this action be dismissed. Id. 27 The deadline has passed, and plaintiff has not filed an amended complaint or otherwise 28 responded to the April 4, 2023 order. 1 Accordingly, it is hereby ORDERED that the Clerk of Court shall randomly assign a 2 | United States District Judge to this case. 3 Accordingly, it is hereby RECOMMENDED that: 4 1. This action be dismissed for failure to prosecute, failure to comply with court orders, 5 | and failure to state a claim, for the reasons set forth in the January 23, 2023 and April 4, 2023 6 | orders. 7 2. The Clerk of Court be directed to close the 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 days 10 | after being served with these findings and recommendations, any party 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.” Any response to the 13 | objections shall be served and filed within fourteen days after service of the objections. The 14 | parties are advised that failure to file objections within the specified time may waive the right to 15 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 16 | v. Yist, 951 F.2d 1153 (9th Cir. 1991). 17 18 IT IS SO ORDERED. 19 ( q Sty — Dated: _ May 16, 2023 a——— 20 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28