Johnson v. Schubert et al

Filing 7

FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 8/24/2017 RECOMMENDING that this action be dismissed, without prejudice, for lack of prosecution and for failure to comply with the Court's order; REFERRING this matter to Judge John A. Mendez; ORDERING that any objections be filed within twenty-one (21) days. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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OTHELLO C.M. JOHNSON,

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No. 2:17-cv-0666 JAM AC (PS)

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

ANNE MARIE SCHUBERT, et al.,
Defendants.

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Plaintiff is proceeding in this action pro se. The action was accordingly referred to the

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undersigned for pretrial matters by E.D. Cal. R. (“Local Rule”) 302(c)(21). On June 13, 2017, the

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court dismissed the complaint, and granted plaintiff 30 days to file an amended complaint. ECF

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No. 3. Plaintiff was cautioned that failure to do so could lead to a recommendation that the action

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be dismissed. After plaintiff failed to respond, the court issued a recommendation that this case

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be dismissed for lack of prosecution. ECF No. 4. Plaintiff subsequently requested an extension

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of time to file an amended complaint. ECF No. 5. The court granted plaintiff an extension for 30

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days, and withdrew the recommendation for dismissal with the warning that failure to submit an

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amended complaint before the new deadline may result in a recommendation of dismissal. ECF

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No. 6. Plaintiff has taken no further action in this case.

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Therefore, IT IS HEREBY RECOMMENDED that this action be dismissed, without
prejudice, for lack of prosecution and for failure to comply with the court’s order. See Fed. R.
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Civ. P. 41(b); Local Rule 110.

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

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

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(21) days after being served with these findings and recommendations, plaintiff may file written

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objections with the court. Such document should be captioned “Objections to Magistrate Judge’s

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Findings and Recommendations.” Local Rule 304(d). Plaintiff is advised that failure to file

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

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

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DATED: August 24, 2017

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