Hughes v. CDCR

Filing 40

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/9/14 RECOMMENDING that this action be DISMISSED for failure to prosecute. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

BERNARD HUGHES,

12
13

No. 2:11-cv-1856-KJM-EFB P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

14

MARTIN H. JANSEN, M.D.,

15

Defendant.

16
17

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

18

U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28

19

U.S.C. § 636(b)(1).

20

On September 30, 2014, the assigned district judge granted defendant’s motion to dismiss

21

under Fed. R. Civ. P. 12(b)(1) and granted plaintiff leave to file an amended complaint within

22

twenty-one days. ECF No. 37. On October 31, 2014, the court granted plaintiff’s request for an

23

extension of time. ECF No. 39. That order gave plaintiff an additional thirty days in which to

24

file his amended complaint. The time for acting has passed and plaintiff has not filed an amended

25

complaint or otherwise responded to the district judge’s September 30th order.

26

A party’s failure to comply with any order or with the Local Rules “may be grounds for

27

imposition by the Court of any and all sanctions authorized by statute or Rule or within the

28

inherent power of the Court.” E.D. Cal. Local Rule 110. The court may dismiss an action with or
1

1

without prejudice, as appropriate, if a party disobeys an order or the Local Rules. See Ferdik v.

2

Bonzelet, 963 F.2d 1258, 1263 (9th Cir. 1992) (district court did not abuse discretion in

3

dismissing pro se plaintiff’s complaint for failing to obey an order to re-file an amended

4

complaint to comply with Federal Rules of Civil Procedure); Carey v. King, 856 F.2d 1439,

5

1440-41 (9th Cir. 1988) (dismissal for pro se plaintiff’s failure to comply with local rule

6

regarding notice of change of address affirmed).

7
8

Accordingly, it is hereby RECOMMENDED that this action be DISMISSED for failure to
prosecute. Fed. R. Civ. P. 41(b); E. D. Cal. Local Rule 110.

9

These findings and recommendations are submitted to the United States District Judge

10

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

11

after being served with these findings and recommendations, any party may file written

12

objections with the court and serve a copy on all parties. Such a document should be captioned

13

“Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the

14

objections shall be served and filed within fourteen days after service of the objections. The

15

parties are advised that failure to file objections within the specified time may waive the right to

16

appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez

17

v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

18

Dated: December 9, 2014.

19
20
21
22
23
24
25
26
27
28
2