Opinion
2:21-cv-00713-KJM-JDP (PC)
06-13-2022
RONALD EUGENE JAMES, Plaintiff, v. STATE OF CALIFORNIA, et al., Defendants.
FINDINGS AND RECOMMENDATIONS THAT THIS ACTION BE DISMISSED FOR FAILURE TO PROSECUTE, FAILURE TO COMPLY WITH COURT ORDERS, AND FAILURE TO STATE A CLAIM ECF NO. 19 OBJECTIONS DUE WITHIN FOURTEEN DAYS
JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE.
On May 4, 2022, I screened plaintiff's first amended complaint, notified him that it failed to state a claim, and gave him thirty days to file an amended complaint. ECF No. 19. I also warned him that failure to comply with the May 4 order could result in dismissal of this action. Id. at 6.
The deadline has passed, and plaintiff has not filed an amended complaint or otherwise responded to the May 4, 2022 order. Accordingly, it is hereby RECOMMENDED that:
Although it appears from the file that plaintiff's copy of the May 4, 2022 order was returned, plaintiff was properly served. It is plaintiff's responsibility to keep the court apprised of his current address. Pursuant to Local Rule 182(f), service of documents at the record address of the party is fully effective.
1. 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 May 4, 2022 order. See ECF No. 19.
2. The Clerk of Court be directed to close the case.
I submit these findings and recommendations to the district judge under 28 U.S.C. § 636(b)(1)(B) and Rule 304 of the Local Rules of Practice for the United States District Court, Eastern District of California. The parties may, within 14 days of the service of the findings and recommendations, file written objections to the findings and recommendations with the court. Such objections should be captioned “Objections to Magistrate Judge's Findings and Recommendations.” The district judge will review the findings and recommendations under 28 U.S.C. § 636(b)(1)(C).
IT IS SO ORDERED.