(PS)Curry v. Scully et al, No. 2:2017cv02372 - Document 14 (E.D. Cal. 2018)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 6/5/18, RECOMMENDING that this action be dismissed, without prejudice, for lack of prosecution and for failure to comply with the court's order. Matter referred to District Judge Troy L. Nunley. Within 21 days after being served with these findings and recommendations, plaintiff may file written objections with the court. (Kastilahn, A)
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(PS)Curry v. Scully et al Doc. 14 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID HENRY CURRY, 12 Plaintiff, 13 14 v. No. 2:17-cv-02372 TLN AC PS FINDINGS AND RECOMMENDATIONS JAN SCULLY, et al., 15 Defendants. 16 Plaintiff, a state prisoner, is proceeding in this action pro se. The action was accordingly 17 18 referred to the undersigned for pretrial matters by E.D. Cal. R. (“Local Rule”) 302(c)(21). On April 16, 2018, the court denied plaintiff’s application to proceed in form pauperis 19 20 (“IFP”) because the application did not include a certified copy of his prison trust account 21 statement for the six-month period immediately preceding the filing of his complaint. ECF No. 22 12. The court granted plaintiff 30 days to renew the IFP application. Id. Plaintiff was cautioned 23 that failure to comply could lead to a recommendation that the action be dismissed. Id. Plaintiff 24 did not respond. On May 18, 2018 the court issued an order to show cause why this case should 25 not be dismissed for failure to prosecute. ECF No. 13. Plaintiff has not responded to the court’s 26 orders, nor taken any action to prosecute this case. 27 //// 28 //// 1 Dockets.Justia.com 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 this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one (21) 6 days after being served with these findings and recommendations, plaintiff may file written 7 objections with the court. Such document should be captioned “Objections to Magistrate Judge’s 8 Findings and Recommendations.” Local Rule 304(d). Plaintiff is 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: June 5, 2018 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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