(PC) Benton v. Clingman ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRUCE MILES BENTON, Case No. 2:22-cv-02275-JDP (PC) 12 Plaintiff, ORDER 13 v. DIRECTING THE CLERK OF COURT TO ASSIGN A DISTRICT JUDGE TO THIS 14 CLINGMAN, et al.¸ MATTER 15 Defendants. FINDINGS AND RECOMMENDATIONS 16 THAT THIS MATTER BE DISMISSED FOR FAILURE TO PROSECUTE AND COMPLY 17 WITH COURT ORDERS 18 OBJECTIONS DUE WITHIN FOURTEEN DAYS 19 20 On December 1, 2023, I screened plaintiff’s amended complaint and notified him that 21 only some his claims were cognizable. ECF No. 29. I granted him thirty days to file either an 22 amended complaint or an advisement indicating his intent to proceed only with the identified 23 cognizable claims. Plaintiff did not file an amended complaint. 24 Accordingly, on January 24, 2024, I ordered him to show cause within twenty-one days 25 why this action should not be dismissed. ECF No. 30. I notified him that if he wished to 26 continue with this action he must file, within twenty-one days, an amended complaint or 27 advisement of his intent to proceed with the cognizable claims. I also warned him that failure to 28 comply with the order would result in a recommendation that this action be dismissed. Id. 1 The deadline has passed, and plaintiff has not filed an amended complaint or otherwise 2 | responded to the January 24, 2024 order. 3 Accordingly, it is hereby ORDERED that the Clerk of Court shall randomly assign a 4 | United States District Judge to this case. 5 Accordingly, it is hereby RECOMMENDED that: 6 1. This action be dismissed without prejudice for failure to prosecute and failure to 7 | comply with court orders, for the reasons set forth in the January 24, 2024 order. 8 2. The Clerk of Court be directed to close the case. 9 These findings and recommendations are submitted to the United States District Judge 10 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days 11 | after being served with these findings and recommendations, any party may file written 12 | objections with the court and serve a copy on all parties. Such a document should be captioned 13 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 14 | objections shall be served and filed within fourteen days after service of the objections. The 15 | parties are advised that failure to file objections within the specified time may waive the right to 16 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 17 | v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 18 19 20 IT IS SO ORDERED. 21 ( q Sty - Dated: _ March 6, 2024 22 JEREMY D. PETERSON 54 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28