(PC)Gunn v. Solano County

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA AUMINTRIUS DAMOUR GUNN, Case No. 2:20-cv-02118-JDP (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS THAT THIS ACTION BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE, FAILURE TO COMPLY WITH COURT ORDERS, AND STANTON COUNTY—MEDICAL FAILURE TO STATE A CLAIM CUSTODY DIVISION, et al., 15 OBJECTIONS DUE WITHIN FOURTEEN Defendants. DAYS 18 On April 23, 2021, I screened plaintiff’s complaint pursuant to 28 U.S.C. § 1915A. ECF No. 10. I notified plaintiff that it failed state a claim and granted him sixty days to file an amended complaint. Id. Plaintiff subsequently requested, and I granted, an extension of time to file an amended complaint. ECF Nos. 9 & 10. Despite that extension, plaintiff failed to timely file an amended complaint. Accordingly, on October 7, 2021, I ordered him to show cause within twenty-one days why this action should not be dismissed for both failure to prosecute and failure to state a claim. ECF No. 15. I notified him that if he wished to continue with this lawsuit, he would need to file an amended complaint. I also warned him that failure to comply with the October 7 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 nor otherwise | responded to the October 7, 2021, order. Accordingly, it is hereby ORDERED that the Clerk of | Court shall randomly assign a United States District Judge to this case.

4 Further, RECOMMENDED that: 5 1. This action be dismissed for failure to prosecute, failure to comply with court orders, | and failure to state a claim for the reasons set forth in the April 23, 2021, order. See ECF No. 10.

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 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days | after being served with these findings and recommendations, any party may file written | objections with the court and serve a copy on all parties. Such a document should be captioned | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the | objections shall be served and filed within fourteen days after service of the objections. The | parties are advised that failure to file objections within the specified time may waive the right to || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez | v. Yist, 951 F.2d 1153 (9th Cir. 1991).

1g | IIS SO ORDERED.

19 ( _ nq | Dated: —Hebmary 2.2022 — Jess YoSuvoe JEREMY D. PETERSON 21 UNITED STATES MAGISTRATE JUDGE