(PC) Jones v. County of Sacramento et al

Filing 11

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 4/26/21 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge William B. Shubb. Objections due within 14 days.(Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT CHARLES JONES,

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Plaintiff,

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No. 2:20-cv-0751 WBS DB P

v.

FINDINGS AND RECOMMENDATIONS

COUNTY OF SACRAMENTO, et al.,

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Defendants.

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Plaintiff is a county jail inmate proceeding pro se with a civil rights action pursuant to 42

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U.S.C. § 1983. Plaintiff alleges that officers used excessive force against him. By order dated

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December 7, 2020, the court screened the amended complaint and determined it did not contain

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any cognizable claims. (ECF No. 10.) Plaintiff was given thirty days leave to file and amended

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complaint and warned that failure to file an amended complaint would result in a

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recommendation that this action be dismissed. Those thirty days have passed, and plaintiff has

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not filed an amended complaint, requested additional time to file an amended complaint, or

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otherwise responded to the court’s orders. Accordingly, the court will recommend that this action

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be dismissed for failure to prosecute and failure to comply with court orders.
Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without

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prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).

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These findings and recommendations are 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 fourteen days

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after being served with these findings and recommendations, plaintiff may file written objections

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with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that

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failure to file objections within the specified time may waive the right to appeal the District

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

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Dated: April 26, 2021

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DB:12
DB:1/Orders/Prisoner/Civil.Rights/jone0751.f&r.fta

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