Gardner v. Six Flags Discovery Kingdom et al

Filing 27

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 6/7/2018 RECOMMENDING this action be dismissed without prejudice. Referred to Judge William B. Shubb. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

DENNIS GARDNER,

12
13
14
15
16

No. 2:15-cv-2085-WBS-EFB P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

SIX FLAGS DISCOVERY KINGDOM, et
al.,
Defendants.

17
18

Plaintiff, a former county inmate, is prisoner proceeding without counsel in an action

19

brought under 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302

20

pursuant to 28 U.S.C. § 636(b)(1).

21

On May 3, 2018, the court screened plaintiff’s second amended complaint pursuant to 28

22

U.S.C. § 1915A. The court dismissed the complaint, explained the deficiencies therein and

23

granted plaintiff thirty days in which file an amended complaint to cure the deficiencies. ECF

24

No. 26. The order warned plaintiff that failure to comply would result a recommendation that this

25

action be dismissed for failure to prosecute. The time for acting has passed and plaintiff has not

26

filed an amended complaint, or otherwise responded to the court’s order.

27
28

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
1

1

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

2

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

3

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

4

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

5

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

6

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

7

regarding notice of change of address affirmed).

8
9

Accordingly, it is RECOMMENDED that this action be DISMISSED without prejudice.
Fed. R. Civ. P. 41(b); E. D. Cal. Local Rule 110.

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

Dated: June 7, 2018.

20
21
22
23
24
25
26
27
28
2