(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 an 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 passed without plaintiff filing an 23 amended complaint, and the court recommended that this action be dismissed for failure to 24 prosecute and failure to comply with court orders. (ECF No. 11.) 25 Plaintiff filed objections requesting additional time to file an amended complaint. (ECF 26 No. 12.) The court vacated the findings and recommendations and granted plaintiff an additional 27 sixty days to file an amended complaint. (ECF No. 13.) Those sixty days have passed, and 28 plaintiff has not filed an amended complaint, sought additional time to file a complaint, or 1 | otherwise responded to the court’s order. Accordingly, the court will recommend that this action 2 || be dismissed for failure to prosecute and failure to comply with court orders. 3 For the reasons set forth above, IT IS HEREBY RECOMMENDED that this action be 4 | dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 5 These findings and recommendations are submitted to the United States District Judge 6 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 7 | after being served with these findings and recommendations, plaintiff may file written objections 8 || withthe court and serve a copy on all parties. Such a document should be captioned “Objections 9 | to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 10 || objections within the specified time may waive the right to appeal the District Court’s order. 11 | Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 12 | Dated: August 16, 2021 13 14 15 ORAH BARNES UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 DRIDR Prisoner Inbox/Civil Rights/R/jone075 1.f&r.dism 24 25 26 27 28