Khamo v. Warden, et al.

Filing 20

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/7/2017 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Yin, K)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FABIAN KHAMO, 12 13 14 No. 2:16-cv-1827-MCE-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS WARDEN OF CSP-SAC, et al., 15 Defendants. 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 August 31, 2017, the court screened plaintiff’s amended complaint pursuant to 28 21 U.S.C. § 1915A. The court dismissed the amended complaint, explained the deficiencies therein 22 and granted plaintiff thirty days in which file an amended complaint to cure the deficiencies. 23 ECF No. 17. The order warned plaintiff that failure to comply would result a recommendation 24 that this action be dismissed for failure to prosecute and failure to state a claim. The time for 25 acting has passed and plaintiff has not filed an amended complaint, or otherwise responded to the 26 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 hereby RECOMMENDED that this action be DISMISSED without prejudice. Fed. R. Civ. P. 41(b); E. D. Cal. Local Rule 110; 28 U.S.C. 1915A. 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: November 7, 2017. 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?