Clark v. Fisher
Filing
33
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 2/6/2019 RECOMMENDING this action be dismissed, without prejudice, for lack of prosecution and for failure to comply with the court's order. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
JAKE CLARK,
12
Petitioner,
13
14
No. 2:17-cv-02574 TLN GGH P
v.
FINDINGS AND RECOMMENDATIONS
RAYTHEL FISHER, JR.,
15
Respondent.
16
On September 4, 2018, the court dismissed petitioner’s petition and motion for stay and
17
18
abeyance. ECF No. 29. Petitioner was granted 30 days to file an amended petition in compliance
19
with the instructions provided in the order. Id. On December 17, 2018, the court issued an order
20
again ordering the petitioner to file an amended petition within 30 days. ECF No. 32. The court
21
rejected petitioner’s submission as a petition, ECF No. 30, based on petitioner’s piecemeal
22
response to part of his claims but not all, and accordingly ordered petitioner to file an amended
23
petition consistent with the court’s instructions. ECF No. 32. Petitioner was advised that the
24
December 17, 2018 order, like the September 4, 2018 order, was not optional and that “[i]f the
25
amended petition is not filed in accordance with the terms of this Order, a recommendation will
26
be made that the entire action be dismissed.” Id. Plaintiff has not responded to the court’s orders,
27
nor taken any action to prosecute this case.
28
////
1
1
Therefore, IT IS HEREBY RECOMMENDED that this action be dismissed, without
2
prejudice, for lack of prosecution and for failure to comply with the court’s order. See Fed. R.
3
Civ. P. 41(b); Local Rule 110.
4
These findings and recommendations are submitted to the United States District Judge
5
assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
6
after being served with these findings and recommendations, any party may file written
7
objections with the court. The document should be captioned “Objections to Magistrate Judge’s
8
Findings and Recommendations.” Any response to the objections shall be filed and served within
9
fourteen days after service of the objections. The parties are advised that failure to file objections
10
within the specified time may waive the right to appeal the District Court’s order. Martinez v.
11
Ylst, 951 F.2d 1153 (9th Cir. 1991).
12
Dated: February 6, 2019
13
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
14
15
16
17
18
19
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?