(PC) Isreal v. Ferrara ( 2020 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL JEROME ISREAL, No. 2:19-CV-1011-WBS-DMC-P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 THOMAS A. FERRARA, et al., 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. On September 11, 2020, the Court directed Plaintiff to file a first amended 19 complaint within 30 days. Plaintiff was warned that failure to file an amended complaint may 20 result in dismissal of this action for lack of prosecution and failure to comply with court rules and 21 orders. See Local Rule 110. To date, plaintiff has not complied. 22 In light of Plaintiff’s failure to file an amended complaint as directed, the Court 23 finds that dismissal of this action is appropriate. See id. 24 Based on the foregoing, the undersigned recommends that this action be dismissed, 25 without prejudice, for lack of prosecution and failure to comply with court rules and orders. 26 These findings and recommendations are submitted to the United States District 27 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days 28 after being served with these findings and recommendations, any party may file written 1 | objections with the court. Responses to objections shall be filed within 14 days after service of 2 | objections. Failure to file objections within the specified time may waive the right to appeal. See 3 | Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 4 5 | Dated: October 30, 2020 Ssvcqo_ 6 DENNIS M. COTA 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28