(PC) Sims v. Castro et al, No. 1:2019cv01427 - Document 19 (E.D. Cal. 2020)
Court Description: FINDINGS and RECOMMENDATIONS recommending that this Case be Dismissed, With Prejudice, for Failure to State a Claim, Failure to Obey a Court Order, and Failure to Prosecute re 15 Amended Prisoner Civil Rights Complaint signed by Magistrate Judge Gary S. Austin on 4/6/2020. Referred to Judge Ishii; Objections to F&R due within fourteen (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 CARLTON SIMS, JR.. 12 13 14 15 16 17 Plaintiff, vs. SCHELLENBERG, et al., Defendants. 1:19-cv-01427-AWI-GSA-PC FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT THIS CASE BE DISMISSED, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM, FAILURE TO OBEY A COURT ORDER, AND FAILURE TO PROSECUTE (ECF No. 16.) OBJECTIONS, IF ANY, DUE IN FOURTEEN (14) DAYS 18 19 20 21 Plaintiff, Carlton Sims, Jr., is a state prisoner proceeding pro se and in forma pauperis 22 with this civil rights action pursuant to 42 U.S.C. § 1983. On October 4, 2019, plaintiff filed the 23 complaint commencing this action. (ECF No. 1.) 24 On January 15, 2020, the court screened the complaint and dismissed it for failure to state 25 a claim with leave to amend. (ECF No. 14.) On January 27, 2020, plaintiff filed the First 26 Amended Complaint. (ECF No. 15.) On February 12, 2020, the court dismissed the First 27 Amended Complaint for failure to stay a claim, with leave to file a Second Amended Complaint 28 within thirty days. (ECF No. 16.) The thirty-day time period has passed, and plaintiff has not 1 1 filed a Second Amended Complaint or otherwise responded to the court’s order.1 As a result, 2 there is no pleading on file which sets forth any claims upon which relief may be granted. 3 Accordingly, IT IS HEREBY RECOMMENDED that: 4 1. Pursuant to 28 U.S.C. § 1915A, this case be DISMISSED, with prejudice, based 5 on plaintiff’s failure to obey a court order, failure to prosecute, and failure to state 6 a claim upon which relief may be granted under § 1983; and 7 2. 8 These findings and recommendations are submitted to the United States District Judge 9 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen 10 (14) days from the date of service of these findings and recommendations, Plaintiff may file 11 written objections with the court. 12 Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 13 objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. 14 Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 15 (9th Cir. 1991)). The clerk be directed to close this case. Such a document should be captioned “Objections to 16 17 18 IT IS SO ORDERED. Dated: April 6, 2020 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 On March 2, 2020, the court’s order was returned to the court by the U.S. Postal Service as undeliverable. A notation on the envelope indicates “No Mail Receptacle.” However, plaintiff has not notified the court of any change in his address. Absent such notice, service at a party’s prior address is fully effective. Local Rule 182(f). 1 27 28 2
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