(PC) Hemsley v. Sheehan et al, No. 2:2018cv00352 - Document 9 (E.D. Cal. 2019)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/10/2019 RECOMMENDING this action be dismissed without prejudice. Referred to Judge William B. Shubb. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)

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(PC) Hemsley v. Sheehan et al Doc. 9 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD DAVID HEMSLEY, 12 13 14 No. 2:18-cv-0352-WBS-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS S.J. SHEEHAN, et al., 15 Defendants. 16 17 Plaintiff is a former federal pretrial detainee who was housed at the Sacramento County 18 jail. He is proceeding without counsel in a civil Bivens action and claims brought under 42 19 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 20 U.S.C. § 636(b)(1). 21 On February 13, 2019, the court screened plaintiff’s complaint pursuant to 28 U.S.C. § 22 1915A. The court dismissed the complaint, explained the deficiencies therein and granted 23 plaintiff thirty days in which file an amended complaint to cure the deficiencies. ECF No. 8. 24 The order warned plaintiff that failure to comply would result a recommendation that this action 25 be dismissed. The time for acting has passed and plaintiff has not filed an amended complaint, or 26 otherwise responded to the court’s order. 27 28 A party’s failure to comply with any order or with the Local Rules “may be grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or within the 1 Dockets.Justia.com 1 inherent power of the Court.” E.D. Cal. Local Rule 110. The court may dismiss an action with or 2 without prejudice, as appropriate, if a party disobeys an order or the Local Rules. See Ferdik v. 3 Bonzelet, 963 F.2d 1258, 1263 (9th Cir. 1992) (district court did not abuse discretion in 4 dismissing pro se plaintiff’s complaint for failing to obey an order to re-file an amended 5 complaint to comply with Federal Rules of Civil Procedure); Carey v. King, 856 F.2d 1439, 6 1440-41 (9th Cir. 1988) (dismissal for pro se plaintiff’s failure to comply with local rule 7 regarding notice of change of address affirmed). 8 9 Accordingly, it is RECOMMENDED that this action be DISMISSED without prejudice. Fed. R. Civ. P. 41(b); E. D. Cal. Local Rule 110. 10 These findings and recommendations are submitted to the United States District Judge 11 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 12 after being served with these findings and recommendations, any party may file written 13 objections with the court and serve a copy on all parties. Such a document should be captioned 14 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 15 objections shall be served and filed within fourteen days after service of the objections. The 16 parties are advised that failure to file objections within the specified time may waive the right to 17 appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 18 v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 19 Dated: April 10, 2019. 20 21 22 23 24 25 26 27 28 2

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