Tubbs

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MOTECUZOMA P. SANCHEZ, No. 2:19-cv-326-JAM-EFB PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS MICHAEL TUBBS, individually and as Mayor of the City of Stockton, 15 Defendant.

17 On August 27, 2020, the court informed plaintiff he could proceed with his viable First Amendment viewpoint discrimination claim or file an amended complaint. ECF No. 3. Plaintiff was ordered, within 30 days, to return a notice of election advising the court whether he elects to proceed with the viable claim or file an amended complaint. Id. at 5. Plaintiff was also warned that failure to comply with any part of the order may result in dismissal of this action. Id. The deadline has passed, and plaintiff has not filed a notice of election nor otherwise responded to the court’s order. Accordingly, it is hereby RECOMMENDED that this action be dismissed for failure to prosecute and to comply with court orders. See Fed. R. Civ. P. 41(b); Cal. E.D. L.R. 110. …