(PC) Clark v. Saipher et al, No. 2:2021cv01326 - Document 22 (E.D. Cal. 2023)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 01/19/2023 RECOMMENDING that this action be DISMISSED for failure to prosecute and failure to comply with court orders, for the reasons set forth in the 12/09/2022 Order. The Clerk of Court be DIRECTED to close the case. Referred to Judge Dale A. Drozd. Objections due within 14 days of the service of the Findings and Recommendations. (Rodriguez, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER C. CLARK, 12 13 14 15 Plaintiff, v. Case No. 2:21-cv-01326-DAD-JDP (PC) FINDINGS AND RECOMMENDATIONS THAT THIS ACTION BE DISMISSED FOR FAILURE TO PROSECUTE AND FAILURE TO COMPLY WITH COURT ORDERS MARSHALL SAIPHER, et al., Defendants. OBJECTIONS DUE WITHIN FOURTEEN DAYS 16 17 On October 4, 2022, I screened plaintiff’s first amended complaint and notified him that it 18 alleged cognizable Eighth Amendment deliberate indifference and California Torts Claims Act 19 (“CTCA”) claims against defendants Saipher and Naseer. I notified him that its other claims 20 were not viable. ECF No. 20. I gave plaintiff thirty days to file an amended complaint or to 21 advise the court if he wished to stand by his current complaint and proceed only with his Eighth 22 Amendment and CTCA claims against defendants Saipher and Naseer. Id. at 4. Plaintiff did not 23 timely file either an amended complaint or a notice of election to proceed on the cognizable 24 claims. Accordingly, on December 9, 2022, I ordered him to show cause within twenty-one days 25 why this action should not be dismissed. ECF No. 21. I notified him that if he wished to 26 continue with this action he must file, within twenty-one days, either an amended complaint or a 27 notice of election stating that he wishes to proceed only with his Eighth Amendment and CTCA 28 claims against defendants Saipher and Naseer. I also warned him that failure to comply with the 1 1 order would result in a recommendation that this action be dismissed. Id. 2 3 The deadline has passed, and plaintiff has not filed an amended complaint or otherwise responded to the December 9, 2022 order. 4 Accordingly, it is hereby RECOMMENDED that: 5 1. This action be dismissed for failure to prosecute and failure to comply with court 6 orders, for the reasons set forth in the December 9, 2022 order. 7 2. The Clerk of Court be directed to close the case. 8 I submit these findings and recommendations to the district judge under 28 U.S.C. 9 § 636(b)(1)(B) and Rule 304 of the Local Rules of Practice for the United States District Court, 10 Eastern District of California. The parties may, within 14 days of the service of the findings and 11 recommendations, file written objections to the findings and recommendations with the court. 12 Such objections should be captioned “Objections to Magistrate Judge’s Findings and 13 Recommendations.” The district judge will review the findings and recommendations under 28 14 U.S.C. § 636(b)(1)(C). 15 16 IT IS SO ORDERED. 17 Dated: January 19, 2023 18 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 2

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