(PC) Lake v. Diaz

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

JOHN LAKE, No. 2:20-cv-2077 JAM DB P

Plaintiff, v. FINDINGS AND RECOMMENDATIONS

RALPH DIAZ, et al.,

Defendants.

Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. By order dated January 20, 2021, the court screened the complaint and determined it did not contain any cognizable claims. (ECF No. 11.) Plaintiff was given sixty days leave to file an amended complaint and warned that failure to file an amended complaint would result in a recommendation that this action be dismissed. Those sixty days have passed, and plaintiff has not filed an amended complaint, requested additional time to file an amended complaint, or otherwise responded to the court’s orders. Accordingly, the court will recommend that this action be dismissed for failure to prosecute and failure to comply with court orders. IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).

These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being served with these findings and recommendations, plaintiff may file written objections with the court and serve a copy on all parties. Such a document should be captioned “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections within the specified time may waive the right to appeal the District Court’s order. Martinez v. Y1st, 951 F.2d 1153 (9th Cir. 1991).

Dated: April 26, 2021

ORAH BARNES

UNITED STATES MAGISTRATE JUDGE

1S | pp:12

DB/DB Prisoner Inbox/Civil Rights/R/lake2077 f&r.fta