(PS)Curry v. Scully et al, No. 2:2017cv02372 - Document 19 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 11/26/2018 RECOMMENDING that this action be dismissed, without prejudice, for lack of prosecution and for failure to comply with the court's order. Referred to District Judge Troy L. Nunley. Objections due within 21 days after being served with these findings and recommendations. (York, M)
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(PS)Curry v. Scully et al Doc. 19 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 17 Plaintiff is proceeding in this action pro se. The action was accordingly referred to the 18 undersigned for pretrial matters by E.D. Cal. R. (“Local Rule”) 302(c)(21). On September 27, 19 2018, the court dismissed the complaint, and granted plaintiff 30 days to file an amended 20 complaint. ECF No. 16. Plaintiff was cautioned that failure to do so could lead to a 21 recommendation that the action be dismissed. Id. Plaintiff did not respond. On November 7, 22 2018 the court issued an order to show cause why this case should not be dismissed for failure to 23 prosecute. ECF No. 18. Plaintiff has not responded to the court’s orders, nor taken any action to 24 prosecute this case. Therefore, IT IS HEREBY RECOMMENDED that this action be dismissed, without 25 26 prejudice, for lack of prosecution and for failure to comply with the court’s order. See Fed. R. 27 Civ. P. 41(b); Local Rule 110. 28 //// 1 Dockets.Justia.com 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one (21) 3 days after being served with these findings and recommendations, plaintiff may file written 4 objections with the court. Such document should be captioned “Objections to Magistrate Judge’s 5 Findings and Recommendations.” Local Rule 304(d). Plaintiff is advised that failure to file 6 objections within the specified time may waive the right to appeal the District Court’s order. 7 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 8 DATED: November 26, 2018 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2