Williams v. Romero et al

Filing 197

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 3/25/2024 RECOMMENDING that this action be dismissed for Plaintiff's failure to prosecute and failure to comply with a court order re 1 Prisoner Civil Rights Complaint, 107 Amended Prisoner Civil Rights Complaint. These Findings and Recommendations are submitted to U.S. District Judge Troy L. Nunley; Objections to these F&Rs due within twenty-one days. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LANCE WILLIAMS,

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No. 2:17-cv-1884 TLN DB P

Plaintiff,

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v.

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ROMERO, et al.,

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FINDINGS AND RECOMMENDATIONS

Defendants.

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Plaintiff is a former state prisoner proceeding pro se with a civil rights action under 42

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U.S.C. §1983. On September 8, 2023, this court ordered the parties to file pretrial statements.

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Plaintiff’s statement was due February 23, 2024. (ECF No. 195.) He has not filed one.

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Defendants timely filed their statement on March 8, 2024. (ECF No. 196.)
Pretrial statements under Local Rule 281 are a necessary step in preparing this case for

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trial. In the September 8 order, this court advised the parties that “failure to file a pretrial

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statement may result in the imposition of sanctions, including dismissal of this action.” (ECF No.

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195 at 5.) Plaintiff has had more than ample time to prepare and file a pretrial statement. He has

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failed to file the statement or seek an extension of time to do so. Based on plaintiff’s failure to

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prosecute this action in any way since the issuance of the September 8 order, this court finds any

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sanction short of dismissal would be futile. See Fed. R. Civ. P. 41; E.D. Cal. R. 110.

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Accordingly, and good cause appearing, IT IS HEREBY RECOMMENDED that this
action be dismissed for plaintiff’s failure to prosecute and failure to comply with a court order.

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These findings and recommendations will be submitted to the United States District Judge

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

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

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objections with the court. The document should be captioned “Objections to Magistrate Judge's

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Findings and Recommendations.” The parties are advised that failure to file objections within the

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specified time may result in waiver of the right to appeal the district court’s order. Martinez v.

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

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DATED: March 25, 2024

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/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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DLB:9
DB Prisoner Inbox/Civil Rights/R/will1884.fr dism

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