(PC) Rojas v. County of Sacramento ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT EUGENE ROJAS, No. 2:21-cv-2280 KJM DB P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 COUNTY OF SACRAMENTO, et al., 15 Defendants. 16 17 Plaintiff is a county inmate proceeding pro se with a civil rights action pursuant to 42 18 U.S.C. § 1983. Plaintiff claims defendants have violated his rights in connection with his 19 criminal action in state court as well as the conditions of his confinement. 20 By order dated April 12, 2022, the court screened and dismissed the amended complaint. 21 (ECF No. 10.) Plaintiff was granted thirty days leave to file an amended complaint and advised 22 that failure to file an amended complaint would result in a recommendation that this action be 23 dismissed. (Id. at 8.) Plaintiff failed to file an amended complaint and the undersigned 24 recommended that this action be dismissed for failure to prosecute and failure to comply with 25 court orders. (ECF No. 12.) Thereafter, plaintiff filed objections to the findings and 26 recommendations. (ECF Nos. 13, 14.) Because it appeared from plaintiff’s objections that he did 27 not intend to abandon this action, the undersigned vacated the findings and recommendations. 28 (ECF No. 16.) 1 Plaintiff was instructed to file an amended complaint within thirty days and warned that 2 | failure to comply would result in a recommendation that this action be dismissed. (Id.) Those 3 | thirty days have passed, and plaintiff has not filed an amended complaint, sought additional time 4 | to file an amended complaint, or otherwise responded to the court’s order. Accordingly, the 5 | undersigned will recommend that this action be dismissed for failure to prosecute and failure to 6 | comply with court orders. 7 For the foregoing reasons, IT IS HEREBY RECOMMENDED that this action be 8 | dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 9 These findings and recommendations are submitted to the United States District Judge 10 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within twenty days 11 | after being served with these findings and recommendations, plaintiff may file written objections 12 || with the court and serve a copy on all parties. Such a document should be captioned “Objections 13 | to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 14 || objections within the specified time may waive the right to appeal the District Court’s order. 15 | Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 16 | Dated: April 4, 2023 17 18 19 ORAH BARNES UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 | ps:12 DB/DB Prisoner Inbox/Civil Rights/R/roja2280.f&r.fta(2) 27 28