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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 OTHELLO C.M. JOHNSON, 12 13 14 15 No. 2:17-cv-0666 JAM AC (PS) Plaintiff, v. FINDINGS AND RECOMMENDATIONS ANNE MARIE SCHUBERT, et al., Defendants. 16 17 Plaintiff is proceeding in this action pro se. The action was accordingly referred to the 18 undersigned for pretrial matters by E.D. Cal. R. (“Local Rule”) 302(c)(21). On June 13, 2017, the 19 court dismissed the complaint, and granted plaintiff 30 days to file an amended complaint. ECF 20 No. 3. Plaintiff was cautioned that failure to do so could lead to a recommendation that the action 21 be dismissed. After plaintiff failed to respond, the court issued a recommendation that this case 22 be dismissed for lack of prosecution. ECF No. 4. Plaintiff subsequently requested an extension 23 of time to file an amended complaint. ECF No. 5. The court granted plaintiff an extension for 30 24 days, and withdrew the recommendation for dismissal with the warning that failure to submit an 25 amended complaint before the new deadline may result in a recommendation of dismissal. ECF 26 No. 6. Plaintiff has taken no further action in this case. 27 28 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. 1 1 Civ. P. 41(b); Local Rule 110. 2 These findings and recommendations are submitted to the United States District Judge 3 assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one 4 (21) days after being served with these findings and recommendations, plaintiff may file written 5 objections with the court. Such document should be captioned “Objections to Magistrate Judge’s 6 Findings and Recommendations.” Local Rule 304(d). Plaintiff is advised that failure to file 7 objections within the specified time may waive the right to appeal the District Court’s order. 8 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 DATED: August 24, 2017 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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