Becker
(PS) McCoy v. Becker
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES R. MCCOY No. 2:19-cv-680-TLN-KJN PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS BECKER, et al., Defendants. 16 On July 2, 2019, the court granted plaintiff’s application to proceed in forma pauperis and dismissed plaintiff’s original complaint with leave to amend. (ECF No. 5.) Plaintiff was given 28 days to file either an amended complaint or a notice of voluntary dismissal of the action. (Id.) Additionally, plaintiff was cautioned that failure to file either an amended complaint or a notice of voluntary dismissal by the required deadline may result in dismissal of the action with prejudice pursuant to Federal Rule of Civil Procedure 41(b). (Id.) The July 2, 2019 order was subsequently returned as undeliverable. After plaintiff failed to file either an amended complaint or a notice of voluntary dismissal by the required deadline, the court considered whether the action should be dismissed. Nevertheless,…