Long v. Corizon Health, Inc. et al.
Filing
18
FINDINGS and RECOMMENDATIONS to Dismiss this Action without Prejudice for Failure to Prosecute and Failure to Comply with a Court Order signed by Magistrate Judge Jennifer L. Thurston on 06/12/2019. Referred to Judge O'Neill; Objections to F&R due by 7/1/2019. (Flores, E)
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
EASTERN DISTRICT OF CALIFORNIA
9
10
11
PHILLIP J. LONG,
Plaintiff,
12
13
14
15
CASE NO. 1:17-cv-0898-LJO-JLT (PC)
FINDINGS AND RECOMMENDATIONS
TO DISMISS THIS ACTION WITHOUT
PREJUDICE FOR FAILURE TO
PROSECUTE AND FAILURE TO
COMPLY WITH A COURT ORDER
v.
CORIZON HEALTH, INC., et al.,
FOURTEEN-DAY DEADLINE
Defendants.
16
17
This action proceeds against a single Jane Doe defendant on an Eighth Amendment claim
18
brought pursuant to 42 U.S.C. § 1983. (Docs. 11, 12.) On February 14, 2019, the Court granted
19
Plaintiff ninety days to identify Jane Doe and directed Plaintiff to file a notice of substitution once
20
she has been identified. Plaintiff was then informed that if he failed to comply with the directive,
21
the Court will recommend that this action be dismissed. The ninety-day period has now passed, and
22
Plaintiff has not submitted a notice of substitution or otherwise responded to the Court’s order.
23
Accordingly, the Court RECOMMENDS that this action be dismissed without prejudice for failure
24
to prosecute and failure to comply with a court order. See Fed. R. Civ. P. 41(b)
25
These findings and recommendations will be submitted to the United States District Judge
26
assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
27
after being served with these findings and recommendations, any party may file written objections
28
1
1
2
3
4
5
6
with the court and serve a copy on all parties. The document should be captioned “Objections to
Magistrate Judge's Findings and Recommendations.” Any response to the objections shall be filed
and served within seven days after service of the objections. The parties are advised that failure to
file objections within the specified time may result in waiver of the right to appeal the district
court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
IT IS SO ORDERED.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Dated:
June 12, 2019
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?