(PC) McCurdy v. Rivero, et al, No. 2:2017cv01449 - Document 38 (E.D. Cal. 2020)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 7/23/2020 RECOMMENDING this action be dismissed without prejudice for lack of prosecution. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)
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(PC) McCurdy v. Rivero, et al Doc. 38 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES C. McCURDY, 12 Plaintiff, 13 14 No. 2:17-cv-1449 TLN AC P v. FINDINGS AND RECOMMENDATIONS M. RIVERO, et al., 15 Defendants. 16 This prisoner civil rights action, filed pursuant to 42 U.S.C. § 1983, is referred to the 17 18 undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302(c). By order filed April 19 17, 2020, this court screened plaintiff’s First Amended Complaint pursuant to 28 U.S.C. § 1915A 20 and determined that it did not state a cognizable claim. ECF No. 37. This court granted plaintiff 21 leave to file a Second Amended Complaint within thirty days, and informed plaintiff that 22 “[f]ailure to file a Second Amended Complaint in accordance with this order will result in a 23 recommendation for dismissal of this action.” Id. at 7. More than thirty have passed since service of the court’s order. Plaintiff has neither filed 24 25 a Second Amended Complaint nor otherwise communicated with this court, indicating that he has 26 abandoned this case. 27 //// 28 //// 1 Dockets.Justia.com 1 2 3 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice for lack of prosecution. See Local Rule 110; Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the United States District Judge 4 assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14) 5 days after being served with these findings and recommendations, plaintiff may file written 6 objections with the court. Such document should be captioned “Objections to Magistrate Judge’s 7 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 8 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 9 F.2d 1153 (9th Cir. 1991). 10 DATED: July 23, 2020 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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