(PS) Busto v. State of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHAD M. BUSTO, No. 2:19-cv-1342-TLN-KJN PS Plaintiff, ORDER AND

FINDINGS AND RECOMMENDATIONS

v. (ECF No. 3) STATE OF CALIFORNIA, Defendant. 16 On July 29, 2019, the court granted plaintiff’s motion to proceed in forma pauperis, dismissed plaintiff’s complaint as legally frivolous and lacking in subject matter jurisdiction, but granted plaintiff 28 days to either file a first amended complaint or a notice of voluntary dismissal of the action without prejudice. (ECF No. 3.) Plaintiff was cautioned that failure to timely comply with the order may result in dismissal of the action with prejudice pursuant to Federal Rule of Civil Procedure 41(b). (Id.) Plaintiff ultimately failed to file either an amended complaint or a notice of voluntary dismissal as ordered. Therefore, at this juncture, the court has little choice but to recommend dismissal of the action pursuant to Federal Rule of Civil Procedure 41(b) for failure to comply…