(PC) Myers v. CDCR ( 2021 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BYRON CHAPIN MYERS, No. 2:20-CV-0151-WBS-DMC-P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 CALIFORNIA DEPARTMENT OF CORRECTIONS AND 15 REHABILITATION, et al., 16 Defendants. 17 18 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 19 U.S.C. § 1983. On March 16, 2021, the Court directed Plaintiff to file an amended complaint 20 within 30 days. Plaintiff was previously warned that failure to file an amended complaint may 21 result in dismissal of this action for lack of prosecution and failure to comply with court rules and 22 orders. See Local Rule 110. To date, plaintiff has not complied. 23 In light of Plaintiff’s failure to file an amended complaint as directed, the Court 24 finds that dismissal of this action is appropriate. 25 / / / 26 / / / 27 / / / 28 / / / 1 Based on the foregoing, the undersigned recommends that this action be dismissed, 2 | without prejudice, for lack of prosecution and failure to comply with court rules and orders. 3 These findings and recommendations are submitted to the United States District 4 | Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within 14 days 5 | after being served with these findings and recommendations, any party may file written 6 | objections with the court. Responses to objections shall be filed within 14 days after service of 7 | objections. Failure to file objections within the specified time may waive the right to appeal. See 8 | Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 10 | Dated: May 26, 2021 Ssvcqo_ DENNIS M. COTA 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28