(PC) Henderson v. CDCR ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TOMMY BERNARD HENDERSON, Jr., Case No. 2:23-cv-01598-JDP (PC) 12 Plaintiff, ORDER 13 v. DIRECTING THE CLERK OF COURT TO ASSIGN A DISTRICT JUDGE TO THIS 14 CALIFORNIA DEPARTMENT OF MATTER CORRECTIONS AND 15 REHABILITATION, et al.¸ FINDINGS AND RECOMMENDATIONS 16 Defendants. THAT THIS MATTER BE DISMISSED FOR FAILURE TO PROSECUTE AND COMPLY 17 WITH COURT ORDERS 18 OBJECTIONS DUE WITHIN FOURTEEN DAYS 19 20 On November 2, 2023, I screened plaintiff’s amended complaint and notified him that his 21 complaint did not state cognizable claims. ECF No. 6. I granted him thirty days to file an 22 amended complaint or an advisement indicating his intent to stand by his current complaint, 23 subject to a recommendation that it be dismissed. Plaintiff did not respond. Accordingly, on 24 January 17, 2024, I ordered him to show cause within twenty-one days why this action should not 25 be dismissed. ECF No. 9. I warned him that failure to comply with that order would result in a 26 recommendation that this action be dismissed. Id. at 2. 27 The deadline has passed, and plaintiff has not filed an amended complaint or otherwise 28 1 | responded. 2 Accordingly, it is hereby ORDERED that the Clerk of Court shall randomly assign a 3 | District Judge to this matter. 4 Further, it is hereby RECOMMENDED that: 5 1. This action be dismissed without prejudice for failure to prosecute and failure to 6 | comply with court orders for the reasons set forth in the November 2, 2023, order. 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 of 10 | service of these findings and recommendations, any party may file written objections with the 11 | court and serve a copy on all parties. Such document should be captioned “Objections to 12 | Magistrate Judge’s Findings and Recommendations.” Any response shall be served and filed 13 | within fourteen days of service of the objections. The parties are advised that failure to file 14 || objections within the specified time may waive the right to appeal the District Court’s order. 15 | Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 16 1991). 17 18 IT IS SO ORDERED. 19 ( q Sty — Dated: _ March 18, 2024 q_-—_— 20 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28