(PS) Espinoza v. Mroczek ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAMON L. ESPINOZA, Case No. 2:23-cv-00228-TLN-JDP (PS) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS 13 v. THAT THE ACTION BE DISMISSED FOR FAILURE TO STATE A CLAIM 14 RICK MROCZEK, et al., OBJECTIONS DUE WITHIN FOURTEEN 15 Defendants. DAYS 16 17 On January 17, 2024, I recommended that defendants’ motion to dismiss be granted and 18 plaintiff’s first amended complaint be dismissed with leave to amend. ECF No. 21. On February 19 20, 2024, the court adopted the findings and recommendations, dismissed the amended complaint 20 for failure to state a claim, and granted plaintiff thirty days to file a second amended complaint. 21 ECF No. 22. Plaintiff failed to timely file an amended complaint. Accordingly, on April 30, 22 2024, I ordered him to show cause within fourteen days why this action should not be dismissed. 23 ECF No. 23. I notified him that if he wished to continue with this lawsuit, he must file an 24 amended complaint. I also warned plaintiff that failure to comply with the April 30, 2024 order 25 would result in a recommendation that this action be dismissed. Id. 26 The deadline has passed, and plaintiff has neither filed a second amended complaint nor 27 otherwise responded to the April 30, 2024 order. Accordingly, it is hereby RECOMMENDED 28 that: 1 1. This action be dismissed for failure to state a claim for the reasons set forth in the 2 | January 17, 2024 findings and recommendations. 3 2. The Clerk of Court be directed to close the case. 4 These findings and recommendations are submitted to the United States District Judge 5 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days 6 | after being served with these findings and recommendations, any party may file written 7 | objections with the court and serve a copy on all parties. Such a document should be captioned 8 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 9 | objections shall be served and filed within fourteen days after service of the objections. The 10 | parties are advised that failure to file objections within the specified time may waive the right to 11 appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 12 | v. Yist, 951 F.2d 1153 (9th Cir. 1991). 13 4 IT IS SO ORDERED. 15 ( 1 Ow — Dated: _ May 29, 2024 Q——— 16 JEREMY D. PETERSON 7 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28