(PC) Carter v. California Correctional Institution et al, No. 1:2019cv00358 - Document 20 (E.D. Cal. 2020)

Court Description: ORDER TO ASSIGN a District Judge; and FINDINGS and RECOMMENDATIONS to Dismiss for Failure to Comply with Court Order and Failure to Prosecute re 12 Amended Prisoner Civil Rights Complaint, signed by Magistrate Judge Jennifer L. Thurston on 10/15/2020. Referred to Judge Drozd; Objections to F&R due within 14 days. (Rivera, O)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KEITH-REAGAN CARTER, Case No. 1:19-cv-0358-JLT (PC) 12 Plaintiff, 13 ORDER TO ASSIGN A DISTRICT JUDGE; AND v. 14 CALIFORNIA CORRECTIONAL INSTITUTION, et al., 15 Defendants. 16 FOURTEEN-DAY DEADLINE 17 18 FINDINGS AND RECOMMENDATIONS TO DISMISS FOR FAILURE TO COMPLY WITH COURT ORDER AND FAILURE TO PROSECUTE Plaintiff’s first amended complaint was screened on August 7, 2020 and found to be devoid 19 of a cognizable claim. (Doc. 16.) He was then ordered to file a notice within thirty days indicating 20 whether he wished to stand on his pleading, to file an amended pleading, or to dismiss this action 21 entirely. Plaintiff was thereafter granted an extension of time to respond. (Doc. 18.) The deadline 22 for filing a response has now passed, and plaintiff has not filed a notice, an amended complaint, or 23 a second motion for extension of time to respond. Accordingly, the Court ORDERS the Clerk of 24 Court to assign a district judge to this case; and 25 The Court RECOMMENDS that this action be dismissed for failure to prosecute and failure 26 to comply with a court order. 27 These Findings and Recommendations will be submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen days 1 1 after being served with these Findings and Recommendations, the parties may file written 2 objections with the Court. The document should be captioned “Objections to Magistrate Judge’s 3 Findings and Recommendations.” The parties are advised that failure to file objections within the 4 specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 5 839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 6 7 8 IT IS SO ORDERED. Dated: October 15, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2