(PC) Blankenship v. CDCR, No. 2:2020cv02282 - Document 14 (E.D. Cal. 2021)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 7/21/2021 ORDERING Clerk to randomly assign a U.S. District Judge to this case and RECOMMENDING this action be dismissed and Clerk be directed to close the case. Assigned and referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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(PC) Blankenship v. CDCR Doc. 14 Case 2:20-cv-02282-JAM-JDP Document 14 Filed 07/22/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ARTEMUS BLANKENSHIP, 12 13 14 Plaintiff, FINDINGS AND RECOMMENDATIONS THAT THIS ACTION BE DISMISSED FOR FAILURE TO PROSECUTE, FAILURE TO COMPLY WITH COURT ORDERS, AND FAILURE TO STATE A CLAIM Defendant. OBJECTIONS DUE WITHIN FOURTEEN DAYS v. CDCR, 15 16 Case No. 2:20-cv-02282-JDP (PC) 17 18 On February 11, 2021, I screened plaintiff’s complaint, notified plaintiff that the 19 complaint failed to state a claim, and granted him sixty days to file an amended complaint. ECF 20 No. 9. Plaintiff failed to timely file an amended complaint. Accordingly, on May 14, 2021, I 21 ordered him to show cause within twenty-one days why this action should not be dismissed for 22 failure to prosecute and failure to state a claim. ECF No. 12. I notified plaintiff that if he wished 23 to continue with this lawsuit, he would need to file an amended complaint. I also warned him that 24 failure to comply with the May 14 order would result in a recommendation that this action be 25 dismissed. 26 The deadline has passed, and plaintiff has neither filed an amended complaint nor 27 otherwise responded to the May 14, 2021 order. Accordingly, it is hereby ORDERED that the 28 Clerk of Court shall randomly assign a United States District Judge to this case. 1 Dockets.Justia.com Case 2:20-cv-02282-JAM-JDP Document 14 Filed 07/22/21 Page 2 of 2 1 2 Further, it is RECOMMENDED that: 3 1. This action be dismissed for failure to prosecute, failure to comply with court orders, 4 and failure to state a claim for the reasons set forth in the February 11, 2021 order, see ECF No. 5 9; and 6 2. the Clerk of Court be directed to close the case. 7 These findings and recommendations are submitted to the United States District Judge 8 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 9 after being served with these findings and recommendations, any party may file written 10 objections with the court and serve a copy on all parties. Such a document should be captioned 11 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 12 objections shall be served and filed within fourteen days after service of the objections. The 13 parties are advised that failure to file objections within the specified time may waive the right to 14 appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998). 15 16 IT IS SO ORDERED. 17 Dated: 18 19 July 21, 2021 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 2
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