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)

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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

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