Eleson v. Lizarraga
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 6/13/2017 RECOMMENDING this action be dismissed without prejudice for failure to state a claim and failure to prosecute. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days. (Yin, K)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
ERIC RICHARD ELESON,
No. 2:15-cv-0216-GEB-EFB P
FINDINGS AND RECOMMENDATIONS
JOE A. LIZARRAGA,
Plaintiff is a state prisoner proceeding without counsel in an action brought under 42
U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28
U.S.C. § 636(b)(1).
On April 26, 2017, the court screened plaintiff’s amended complaint pursuant to 28
U.S.C. § 1915A. The court dismissed plaintiff’s complaint, explained the deficiencies therein and
granted plaintiff thirty days in which file an amended complaint to cure the deficiencies. ECF
No. 25. The order warned plaintiff that failure to comply would result a recommendation that this
action be dismissed for failure to state a claim. The time for acting has passed and plaintiff has
not filed an amended complaint, or otherwise responded to the court’s order.
A party’s failure to comply with any order or with the Local Rules “may be grounds for
imposition by the Court of any and all sanctions authorized by statute or Rule or within the
inherent power of the Court.” E.D. Cal. Local Rule 110. The court may dismiss an action with or
without prejudice, as appropriate, if a party disobeys an order or the Local Rules. See Ferdik v.
Bonzelet, 963 F.2d 1258, 1263 (9th Cir. 1992) (district court did not abuse discretion in
dismissing pro se plaintiff’s complaint for failing to obey an order to re-file an amended
complaint to comply with Federal Rules of Civil Procedure); Carey v. King, 856 F.2d 1439,
1440-41 (9th Cir. 1988) (dismissal for pro se plaintiff’s failure to comply with local rule
regarding notice of change of address affirmed).
Accordingly, it is hereby RECOMMENDED that this action be DISMISSED without
prejudice for failure to state a claim and failure to prosecute. Fed. R. Civ. P. 41(b); E. D. Cal.
Local Rule 110; 28 U.S.C. 1915A.
These findings and recommendations are submitted to the United States District Judge
assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
after being served with these findings and recommendations, any party may file written
objections with the court and serve a copy on all parties. Such a document should be captioned
“Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the
objections shall be served and filed within fourteen days after service of the objections. The
parties are advised that failure to file objections within the specified time may waive the right to
appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez
v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
Dated: June 13, 2017.
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