Armstrong v. Agurerralde et al

Filing 40

FINDINGS and RECOMMENDATION Recommending Dismissal of Action for Failure to Comply With a Court Order 29 , signed by Magistrate Judge Stanley A. Boone on 9/2/14: 14-Day Deadline. (Hellings, J)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

BRADY K. ARMSTRONG,

12
13
14
15

Plaintiff,
v.
J. AGUERERRALDE, et al.,
Defendants.

16
17
18
19

)
)
)
)
)
)
)
)
)
)

Case No.: 1:12-cv-01622-LJO-SAB (PC)
FINDINGS AND RECOMMENDATION
RECOMMENDING DISMISSAL OF ACTION
FOR FAILURE TO COMPLY WITH A COURT
ORDER
[ECF No. 39]

Plaintiff Brady K. Armonstrong is appearing pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983.
On April 8, 2014, the Court found Plaintiff stated a cognizable claim for retaliation against

20

Defendant J. Agurerralde and forwarded Plaintiff the necessary service of document forms for

21

completion and return to the Court within thirty days. The thirty day period of time expired and

22

Plaintiff has failed to comply with the Court’s order. Accordingly, on June 30, 2014, the undersigned

23

issued an order to show cause why the action should not be dismissed. Plaintiff failed to file a

24

response to the order.

25

Accordingly,

26

IT IS HEREBY RECOMMENDED that this action be DISMISSED, without prejudice, based

27

on Plaintiff’s failure to comply with a court order.

28
1

1

This Findings and Recommendations will be submitted to the United States District Judge

2

assigned to the case, pursuant to the provisions of Title 28 U.S.C. ' 636(b)(l). Within fourteen (14)

3

days after being served with these Findings and Recommendation, Plaintiff may file written objections

4

with the Court. The document should be captioned AObjections to Magistrate Judge=s Findings and

5

Recommendation.@ Plaintiff is advised that failure to file objections within the specified time may

6

waive the right to appeal the District Court=s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

7
8
9
10
11

IT IS SO ORDERED.
Dated:

September 2, 2014
UNITED STATES MAGISTRATE JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2