Gary v. Kincaid et al

Filing 27

ORDER READOPTING Findings and Recommendations Recommending Dismissal of Action, With Prejudice, for Failure to State a Claim, Failure to Obey a Court Order, and Failure to Prosecute, signed by District Judge Anthony W. Ishii on 6/26/2020. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LARRY FREEMAN,

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Plaintiff,

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v.
ST. CLAIR, et al.,

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Case No. 1:18-cv-00612-AWI-BAM (PC)
ORDER READOPTING FINDINGS AND
RECOMMENDATIONS RECOMMENDING
DISMISSAL OF ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE A
CLAIM, FAILURE TO OBEY A COURT
ORDER, AND FAILURE TO PROSECUTE

Defendants.
(ECF No. 11)

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Plaintiff Larry Freeman (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a

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United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On April 24, 2019, the assigned Magistrate Judge granted Plaintiff leave to file a first

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amended complaint or a notice of voluntary dismissal. (ECF No. 10.) Plaintiff was expressly

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warned that if he failed to file an amended complaint in compliance with the Court’s order, this

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action would be dismissed for failure to state a claim and failure to obey a court order. (Id. at 12.)

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On June 11, 2019, following Plaintiff’s failure to communicate with the Court, the

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Magistrate Judge issued findings and recommendations recommending dismissal of this action,

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with prejudice, for failure to state a claim, failure to obey a Court order, and failure to prosecute.

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(ECF No. 11.) Those findings and recommendations were served on Plaintiff and contained

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notice that any objections thereto were to be filed within fourteen (14) days after service. (Id. at

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13.)
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On July 12, 2019, after a de novo review of the case, the Court adopted the findings in full

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and dismissed this action, with prejudice, due to Plaintiff’s failure to state a claim, failure to obey

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a court order, and failure to prosecute. (ECF No. 12.) Judgment was entered the same date.

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(ECF No. 13.)

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On July 15, 2019, the Clerk filed Plaintiff’s objections to the findings and

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recommendations. (ECF No. 13.) On November 21, 2019, the Court found that relief from

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judgment and the order adopting the findings and recommendation was appropriate and ordered

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Plaintiff to file either a Rule 41(a) dismissal or an amended complaint within thirty (30) days.

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(ECF No. 16.) Plaintiff was warned that failure to timely comply with the Court’s order would

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result in the readoption of the findings and recommendation and the closure of this case without

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further notice. (Id.)

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Following two extensions of time, (ECF Nos. 18, 20), the deadline has expired for

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Plaintiff to file a Rule 41(a) dismissal, amended complaint, or properly supported request for a

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reasonable extension of time, and Plaintiff has otherwise failed to communicate with the Court.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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readopted in full;
2.

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The Findings and Recommendations issued on June 11, 2019, (ECF No. 11) are

This action is dismissed, with prejudice, due to Plaintiff’s failure to state a claim,
failure to obey a court order, and failure to prosecute; and

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The Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.
Dated: June 26, 2020
SENIOR DISTRICT JUDGE

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