(PS) Bershell v. Loomis, Gardner and Brinks Armoured

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LOUIS E. BERSHELL, JR., No. 2:19-cv-02143-KJM-CKD PS Plaintiff, v. ORDER AND LOOMIS, GARDNER AND BRINKS FINDINGS AND RECOMMENDATIONS ARMOURED, et al., 15 Defendants.

17 On November 21, 2019, the court granted plaintiff’s motion to proceed in forma pauperis, dismissed plaintiff’s complaint with leave to amend, and provided plaintiff with 30 days to file a first amended complaint. (ECF No. 4.) Plaintiff was cautioned that failure to timely comply with the order would result in a recommendation that this action be dismissed. (Id.) Plaintiff ultimately failed to file an amended complaint as ordered. Nor did plaintiff file a notice of voluntary dismissal. As such, the court considered whether the action should be dismissed. However, the court first attempted lesser sanctions in light of plaintiff’s pro se status and the court’s desire to resolve the action on the merits. Accordingly, on January 3, 2020, the court ordered plaintiff,…