Brown v. Godwin

Filing 13

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 07/19/17 recommending that this action be dsimssed without prejudice due to plaintiff's failure to comply with a court order and failure to prosecute. Referred to Judge William B. Shubb. Objections due within 21 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LANCE L. BROWN,

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No. 2:15-cv-01300 WBS AC P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

R. GODWIN,

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Defendant.

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

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U.S.C. § 1983. On May 3, 2017, the court dismissed plaintiff’s complaint for failure to state a

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cognizable claim and gave him leave to amend within thirty days. ECF No. 10. More than thirty

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days have now passed and plaintiff has not filed an amended complaint or a motion for extension

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of time to do so.

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The Local Rules provide that “[f]ailure of counsel or of a party to comply with . . . any

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order of the Court may be grounds for the imposition by the Court of any and all sanctions . . .

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within the inherent power of the Court.” Local Rule 110. The Ninth Circuit has held that

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“[d]istrict courts have inherent power to control their dockets” and that in “the exercise of that

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power they may impose sanctions including, where appropriate, default or dismissal.” Thompson

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v. Housing Authority of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986). This action cannot

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move forward absent the filing of an amended complaint. Accordingly, dismissal without
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prejudice is therefore the most appropriate sanction.
It is therefore RECOMMENDED that this action be dismissed without prejudice due to
plaintiff’s failure to comply with a court order and failure to prosecute.
These findings and recommendations are submitted to the United States District Judge

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

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

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

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“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections

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within the specified time may waive the right to appeal the District Court’s order. Turner v.

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Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: July 19, 2017

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