(PC) Jones v. County of Sacramento ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT CHARLES JONES, No. 2:20-cv-0751 WBS DB P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 COUNTY OF SACRAMENTO, et al., 15 Defendants. 16 17 Plaintiff is a county jail inmate proceeding pro se with a civil rights action pursuant to 42 18 U.S.C. § 1983. Plaintiff alleges that officers used excessive force against him. By order dated 19 December 7, 2020, the court screened the amended complaint and determined it did not contain 20 any cognizable claims. (ECF No. 10.) Plaintiff was given thirty days leave to file and amended 21 complaint and warned that failure to file an amended complaint would result in a 22 recommendation that this action be dismissed. Those thirty days have passed, and plaintiff has 23 not filed an amended complaint, requested additional time to file an amended complaint, or 24 otherwise responded to the court’s orders. Accordingly, the court will recommend that this action 25 be dismissed for failure to prosecute and failure to comply with court orders. 26 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 27 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 28 //// 1 These findings and recommendations are submitted to the United States District Judge 2 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 3 | after being served with these findings and recommendations, plaintiff may file written objections 4 | with the court and serve a copy on all parties. Such a document should be captioned 5 | “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 6 | failure to file objections within the specified time may waive the right to appeal the District 7 | Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 8 | Dated: April 26, 2021 9 10 ll ORAH BARNES UNITED STATES MAGISTRATE JUDGE 12 13 14 1S | pp:2 6 DB: 1/Orders/Prisoner/Civil.Rights/jone075 I f8r.fta 17 18 19 20 21 22 23 24 25 26 27 28