Eclips v. Houser et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
Case No. 3:19-cv-00197-SLG-MMS
FINAL REPORT AND
RECOMMENDATION
FOR CASE DISMISSAL
Luna Eclips, a self-represented prisoner, filed a pleading entitled “Notice to
Court of Correctional Officers Placing Inmates Life in Danger,” a Request for
Appointment of Counsel, an Application to Waive Prepayment of the Filing Fee, a
“Notice to the Court of AKDOC’s Continued ‘Campaign of Harassment,’” a Notice
of Change of Address, and a Motion to Amend Caption to Include Additional
Defendants at GCCC.1
On October 10, 2019, the Court granted Mr. Eclips’s Motion to Amend and
provided guidance, instructions, and forms in order for him to amend his complaint
by November 10, 2019.2 The Court explicitly cautioned Mr. Eclips that if he “does
not fully comply with this Order on or before November 10, 2019, this case will
recommend this case be dismissed without further notice.”3 	Mr. Eclips has not
1 Dockets 1-6; but see Docket 7 (returned/undeliverable mail).
2 Docket 9.
3 Docket 9 at 4.
LUNA ECLIPS,
Plaintiff,
vs.
EARL HOUSER, et al.,
Defendants.
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3:19-cv-00197-SLG-MMS, Eclips v. Houser, et al.
Final Report and Recommendation on Order of Dismissal
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complied with the Court’s order at Docket 9. 	He has neither submitted an
Amended Complaint or a Notice of Voluntary Dismissal as directed.4
Accordingly, the Court recommends this case be dismissed and all pending
motions be denied as moot.5
DATED this 25th day of November, 2019 at Anchorage, Alaska.
/s/ Matthew M. Scoble________
United States Magistrate Judge
4 Docket 9 at 4.
5 These findings and recommendations are submitted to the United States District Judge
assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Any party may
file written objections with the court no later than December 9, 2019. Such a document
should be captioned “Objections to Final Report and Recommendations.” 	Response(s)
to the objections shall be filed on or before November 29, 2019. Failure to file objections
within the specified time may waive the right to appeal the District Court’s order. Turner
v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir.
1991). Reports and recommendations are not appealable orders. Any notice of appeal
pursuant to Fed. R. App. P. 4(a)(1) should not be filed until entry of the district court’s
judgment. See Hilliard v. Kinsheloe, 796 F.2d 308 (9th Cir. 1986).
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