(PC) Lake v. Diaz et al

Filing 12

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

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JOHN LAKE,

12
13
14
15

No. 2:20-cv-2077 JAM DB P
Plaintiff,

v.

FINDINGS AND RECOMMENDATIONS

RALPH DIAZ, et al.,
Defendants.

16
17

Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

18

under 42 U.S.C. § 1983. By order dated January 20, 2021, the court screened the complaint and

19

determined it did not contain any cognizable claims. (ECF No. 11.) Plaintiff was given sixty

20

days leave to file an amended complaint and warned that failure to file an amended complaint

21

would result in a recommendation that this action be dismissed. Those sixty days have passed,

22

and plaintiff has not filed an amended complaint, requested additional time to file an amended

23

complaint, or otherwise responded to the court’s orders. Accordingly, the court will recommend

24

that this action be dismissed for failure to prosecute and failure to comply with court orders.

25
26

IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See
Local Rule 110; Fed. R. Civ. P. 41(b).

27

These findings and recommendations are submitted to the United States District Judge

28

assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
1

1

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

2

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

3

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

4

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

5

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

6

Dated: April 26, 2021

7
8
9
10
11
12
13
14
15
16

DB:12
DB/DB Prisoner Inbox/Civil Rights/R/lake2077.f&r.fta

17
18
19
20
21
22
23
24
25
26
27
28
2