(HC) LaFlamme v. Lynch, No. 2:2021cv00756 - Document 14 (E.D. Cal. 2021)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 12/28/21 RECOMMENDING that 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 court's 6/03/21 order 12 . The clerk of court be directed to close the case. Referred to Judge John A. Mendez. Objections due within 14 days.(Plummer, M)
Download PDF
<![CDATA[
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DON LAFLAMME, 12 13 14 15 Petitioner, FINDINGS AND RECOMMENDATIONS THAT THIS ACTION BE DISMISSED FOR FAILURE TO PROSECUTE, FAILURE TO COMPLY WITH COURT ORDERS, AND FAILURE TO STATE A CLAIM Respondent. OBJECTIONS DUE WITHIN FOURTEEN DAYS v. JEFF LYNCH, 16 17 Case No. 2:21-cv-00756-JAM-JDP (HC) On June 3, 2021, I screened petitioner’s petition for writ of habeas corpus, notified him 18 that it failed to state a claim, and granted him sixty days to file an amended petition. ECF No. 12. 19 Petitioner failed to timely file an amended petition. Accordingly, on November 8, 2021, I ordered 20 petitioner to show cause within twenty-one days why this action should not be dismissed for his 21 failure to prosecute and for failure to state a claim. ECF No. 13. I notified him that if he wished 22 to continue with this action he must file, within twenty-one days, an amended petition. Id. I also 23 warned him that failure to comply with that order would result in a recommendation that this 24 action be dismissed. Id. 25 26 The deadline has passed, and petitioner has not filed an amended petition nor otherwise responded to the November 8, 2021 order. Accordingly, it is hereby RECOMMENDED that: 27 28 1 1 1. This action be dismissed for failure to prosecute, failure to comply with court orders, 2 and for failure to state a claim for the reasons set forth in the court’s June 3, 2021 order. See ECF 3 No. 12. 4 2. The Clerk of Court be directed to close the case. 5 I submit these findings and recommendations to the district judge under 6 28 U.S.C. § 636(b)(1)(B) and Rule 304 of the Local Rules of Practice for the United States 7 District Court, Eastern District of California. The parties may, within 14 days of the service of 8 the findings and recommendations, file written objections to the findings and recommendations 9 with the court. Such objections should be captioned “Objections to Magistrate Judge’s Findings 10 and Recommendations.” The district judge will review the findings and recommendations under 11 28 U.S.C. § 636(b)(1)(C). 12 13 IT IS SO ORDERED. 14 Dated: 15 16 December 28, 2021 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
