McCurdy v. Rivero, et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 7/23/2020 RECOMMENDING this action be dismissed without prejudice for lack of prosecution. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JAMES C. McCURDY,
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Plaintiff,
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No. 2:17-cv-1449 TLN AC P
v.
FINDINGS AND RECOMMENDATIONS
M. RIVERO, et al.,
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Defendants.
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This prisoner civil rights action, filed pursuant to 42 U.S.C. § 1983, is referred to the
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undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302(c). By order filed April
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17, 2020, this court screened plaintiff’s First Amended Complaint pursuant to 28 U.S.C. § 1915A
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and determined that it did not state a cognizable claim. ECF No. 37. This court granted plaintiff
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leave to file a Second Amended Complaint within thirty days, and informed plaintiff that
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“[f]ailure to file a Second Amended Complaint in accordance with this order will result in a
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recommendation for dismissal of this action.” Id. at 7.
More than thirty have passed since service of the court’s order. Plaintiff has neither filed
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a Second Amended Complaint nor otherwise communicated with this court, indicating that he has
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abandoned this case.
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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice for lack of prosecution. See Local Rule 110; Fed. R. Civ. P. 41(b).
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 fourteen (14)
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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.” Plaintiff is advised that failure to file objections within the
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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951
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F.2d 1153 (9th Cir. 1991).
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DATED: July 23, 2020
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