(PC) Dailey v. Solano County Sheriff ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SHARON N. DAILEY, No. 2:23-cv-0787 DAD DB 12 Plaintiff, 13 v. FINDINGS & RECOMMENDATIONS 14 SOLANO CO. SHERIFF, et al., 15 Defendants. 16 17 Plaintiff, a former inmate at the Claybank Detention Facility in Solano County, filed this 18 civil rights action under 42 U.S.C. §1983. On screening, this court found plaintiff failed to state 19 any cognizable claims for relief. (ECF No. 5.) Plaintiff was given the opportunity to file an 20 amended complaint. After plaintiff failed to file a timely amended complaint, the court dismissed 21 this action without prejudice for plaintiff’s failure to prosecute. (ECF No. 9.) Plaintiff sought 22 reconsideration of that order and, on March 14, 2024, this case was reopened and plaintiff was 23 ordered to file a first amended complaint by April 26. (ECF Nos. 13, 14.) 24 The deadline for plaintiff’s first amended complaint expired over a month ago. Plaintiff 25 has not filed a first amended complaint or any other documents during that time. Accordingly, 26 this court again finds that plaintiff has failed to prosecute this action. In addition, plaintiff has 27 failed to comply with this court’s orders. Both failures are grounds for dismissal without 28 prejudice. See Fed. R. Civ. P. 41; E.D. Cal. R. 110. 1 Accordingly, IT IS RECOMMENDED that this action be dismissed without prejudice for 2 | failure to prosecute. 3 These findings and recommendations are submitted to the United States District Judge 4 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 5 | after being served with these findings and recommendations, plaintiff may file written objections 6 | with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 7 | and Recommendations.” Plaintiff is advised that failure to file objections within the specified 8 | time may waive the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 9 | (9th Cir. 1991). 10 | Dated: May 29, 2024 11 12 13 ORAH BARNES UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 DB prisoner inbox/civil rights/R/dail0787 .fta fr(2) 23 24 25 26 27 28