(PC) Wilson v. State of California et al, No. 2:2009cv00827 - Document 28 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 11/8/2010 RECOMMENDING that this action be dismissed w/ prejudice. Referred to Judge Morrison C. England, Jr.; Objections due w/in 21 days. (Yin, K)
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(PC) Wilson v. State of California et al Doc. 28 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CURTIS WILSON, 11 12 13 14 15 16 Plaintiff, No. CIV S-09-0827 MCE DAD P vs. STATE OF CALIFORNIA, et al., Defendants. FINDINGS AND RECOMMENDATIONS / Plaintiff is a former state prisoner proceeding pro se with a civil rights action 17 pursuant to 42 U.S.C. § 1983. On September 24, 2010, the court issued an order setting this case 18 for mediation on November 8, 2010, before Joe Ramsey, Esq. Plaintiff was ordered to personally 19 attend the mediation and to provide a confidential settlement conference statement by October 20 29, 2010. Plaintiff failed to submit the confidential settlement conference statement, failed to 21 appear for the mediation, and did not otherwise respond to the court’s order. 22 The court possesses the discretionary authority to dismiss an action based on 23 plaintiff’s failure to diligently prosecute and for plaintiff’s failure to comply with the court’s 24 orders. Fed. R. Civ. P. 41(b); Local Rule 110. Plaintiff’s failure to comply with this court’s 25 September 24, 2010 order and his failure to attend the scheduled mediation support the exercise 26 of the court’s discretion to dismiss this action. 1 Dockets.Justia.com 1 2 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed with prejudice. Fed. R. Civ. P. 41(b); Local Rule 110. 3 These findings and recommendations are submitted to the United States District 4 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 5 one days after being served with these findings and recommendations, any party may file written 6 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 7 Findings and Recommendations.” Any response to the objections shall be filed and served 8 within fourteen days after service of the objections. The parties are advised that failure to file 9 objections within the specified time may waive the right to appeal the District Court’s order. 10 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 DATED: November 8, 2010. 12 13 14 15 DAD:4 wil0827.ftp 16 17 18 19 20 21 22 23 24 25 26 2