(PS) Trillion v. Jones ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EZE NWANYI TRILLION, Case No. 2:22-cv-02282-DAD-JDP (PS) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS 13 v. THAT THE CASE BE DISMISSED FOR FAILURE TO PROSECUTE, FAILURE TO 14 TABITHA ALLENE JONES, STATE A CLAIM, AND FAILURE TO COMPLY WITH COURT ORDERS 15 Defendants. OBJECTIONS DUE WITHIN FOURTEEN 16 DAYS 17 18 19 On November 21, 2023, I screened plaintiff’s complaint and notified him that it failed 20 state a claim. ECF No. 5. I granted him thirty days to file an amended complaint. Plaintiff failed 21 to timely file an amended complaint. Accordingly, on January 9, 2024, I ordered him to show 22 cause within fourteen days why this action should not be dismissed for failure to prosecute and 23 failure to state a claim. ECF No. 6. I notified him that if he wished to continue with this lawsuit, 24 he must file an amended complaint. I also warned plaintiff that failure to comply with the 25 January 9 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 court’s orders. Accordingly, it is hereby RECOMMENDED that: 28 1 1. This action be dismissed without prejudice for failure to prosecute, failure to comply 2 | with court orders, and failure to state a claim for the reasons set forth in the November 21, 2023 3 | and January 9, 2024 orders. 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 | 1 Sty — Dated: _ February 22, 2024 17 JEREMY D. PETERSON 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28