(PC) Medina v. Amador Jail ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTONIO MEDINA, Case No. 2:22-cv-02136-JDP (PC) 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 AMADOR JAIL, et al., 15 Defendants. 16 17 On April 7, 2023, I screened plaintiff’s amended complaint and notified him that it did not 18 state cognizable claims. 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 April 7 order may result in 21 dismissal of this action. Id. at 3. 22 The deadline has passed, and plaintiff has not filed an amended complaint or otherwise 23 responded to the April 7, 2023 order.1 24 Accordingly, it is hereby ORDERED that the Clerk of Court shall randomly assign a 25 United States District Judge to this case. 26 1 Although it appears from the file that plaintiff’s copy of April 7 order was returned, 27 plaintiff was properly served. It is the plaintiff’s responsibility to keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents at the record 28 address of the party is fully effective. 1 Further, it is hereby RECOMMENDED that: 2 1. This action be dismissed for failure to prosecute, failure to comply with court orders, 3 | and failure to state a claim, for the reasons set forth in the order. 4 2. The Clerk of Court be directed to close the case. 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)(). Within fourteen days 7 | after being served with these findings and recommendations, any party may file written 8 | objections with the court and serve a copy on all parties. Such a document should be captioned 9 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 10 | objections shall be served and filed within fourteen days after service of the objections. The 11 | parties are advised that failure to file objections within the specified time may waive the right to 12 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 13 | v. Yist, 951 F.2d 1153 (9th Cir. 1991). 14 1s IT IS SO ORDERED. 16 | q Sty — Dated: _ May 16, 2023 a——— 17 JEREMY D. PETERSON 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28