Hollis v. York et al

Filing 41

FINDINGS and RECOMMENDATIONS Recommending That This Action be Dismissed, Without Prejudice, for Failure Comply With a Court Order re 39 , 40 , signed by Magistrate Judge Sandra M. Snyder on 6/7/2011, referred to Judge Wanger. Objections due within thirty (30) days. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL EUGENE HOLLIS,

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Plaintiff,

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CASE NO. 1:09-cv-00463-OWW-SMS
FINDINGS AND RECOMMENDATIONS
RECOMMENDING THIS ACTION BE
DISMISSED, WITHOUT PREJUDICE, FOR
FAILURE COMPLY WITH A COURT ORDER

v.
RUSSELL YORK, et al.,

(ECF No. 39, 40)
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Defendants.
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Plaintiff Michael Eugene Hollis (“Plaintiff”) is a federal prisoner proceeding pro se and in

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forma pauperis in this civil action pursuant to Bivens v. Six Unknown Named Agents of Federal

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Bureau of Narcotics, 403 U.S. 388, 91 S. Ct. 1999 (1971), which provides a remedy for violation of

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civil rights by federal actors. This action was filed on March 11, 2009. An order was issued on

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April 1, 2011, adopting the findings and recommendations and dismissing the first amended

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complaint, with leave to file an amended complaint. On April 8, 2011, the Court issued an order

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directing Plaintiff to file his amended compliant within thirty days. 28 U.S.C. § 1915A; 28 U.S.C.

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§ 1915(e). Plaintiff was warned that if he failed to file an amended complaint in compliance with

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the order, this action would be dismissed. More than thirty days have passed and Plaintiff has not

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complied with or otherwise responded to the Court’s order. As a result, there is no pleading on file

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which sets forth any claims upon which relief may be granted.

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Accordingly, pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), it is HEREBY

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RECOMMENDED that this action BE DISMISSED, without prejudice, based on Plaintiff’s failure

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to comply with the Court’s order.
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These findings and recommendations will be submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within thirty (30)

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days after being served with these findings and recommendations, Plaintiff may file written

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objections with the Court. The document should be captioned “Objections to Magistrate Judge’s

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Findings and Recommendations.” Plaintiff is advised that failure to file objections within the

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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d

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1153 (9th Cir. 1991).

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IT IS SO ORDERED.

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Dated:
icido3

June 7, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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