(PS) Lewis v. State of CA ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MELVIN RAY LEWIS, Case No. 2:21-cv-01575-DAD-JDP (PS) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS 13 v. THAT THE CASE BE DISMISSED FOR FAILURE TO PROSECUTE, FAILURE TO 14 STATE OF CALIFORNIA, et al., STATE A CLAIM, AND FAILURE TO COMPLY WITH COURT ORDERS 15 Defendants. OBJECTIONS DUE WITHIN FOURTEEN 16 DAYS 17 18 19 On May 19, 2022, I screened plaintiff’s complaint and notified him that it failed to state a 20 claim. ECF No. 3. I granted him thirty days to file an amended complaint. Plaintiff failed to 21 timely file an amended complaint. Accordingly, on December 2, 2022, 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 December 6 order would result in a recommendation that this action be dismissed. Id. 26 Plaintiff did not file an amended complaint, but instead filed both a notice indicating that 27 his complaint had never been “ruled upon” and that charges pending against him in the Shasta 28 1 | County Superior Court had been dropped, ECF No. 7, and a request for status, ECF No. 8. On 2 | December 13, 2023, I directed the Clerk of Court to send plaintiff a courtesy copy of the May 19, 3 | 2022 order and allowed plaintiff thirty days to file an amended complaint. ECF No. 9. When 4 | plaintiff had not timely filed an amended complaint, I issued a second order to show cause on 5 | February 6, 2024. ECF No. 10. The order granted plaintiff fourteen days to file an amended 6 | complaint and to explain why this case should not be dismissed for failed to file an amended 7 | complaint. Id. 8 The deadline has passed, and plaintiff has not filed an amended complaint or otherwise 9 | responded to the court’s orders. Accordingly, it is hereby RECOMMENDED that: 10 1. This action be dismissed without prejudice for failure to prosecute, failure to comply 11 | with court orders, and failure to state a claim. 12 2. The Clerk of Court be directed to close the case. 13 These findings and recommendations are submitted to the United States District Judge 14 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days 15 | after being served with these findings and recommendations, any party may file written 16 | objections with the court and serve a copy on all parties. Such a document should be captioned 17 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 18 | objections shall be served and filed within fourteen days after service of the objections. The 19 | parties are advised that failure to file objections within the specified time may waive the right to 20 | appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 21 | v. Yist, 951 F.2d 1153 (9th Cir. 1991). 22 73 IT IS SO ORDERED. 24 ( q Sty — Dated: _ May 2, 2024 q——— 25 JEREMY D. PETERSON 26 UNITED STATES MAGISTRATE JUDGE 27 28