(PC)Smith
(PC)Smith v. O'Brian
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RODRICK JERMON SMITH, Case No. 2:20-cv-01510-JDP (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS
THAT THIS ACTION BE DISMISSED FOR
v. FAILURE TO PROSECUTE, FAILURE TO
COMPLY WITH COURT ORDERS, AND
L. O’BRIAN, et al., FAILURE TO STATE A CLAIM Defendants. OBJECTIONS DUE WITHIN FOURTEEN
DAYS
17 18 On September 29, 2020, the previously assigned magistrate judge screened plaintiff’s complaint, dismissed it for failure to state a claim, and granted plaintiff thirty days to file an amended complaint. ECF No. 5. Plaintiff was subsequently granted a thirty-day extension of time to file an amended complaint. ECF No. 10. Despite that extension, plaintiff failed to timely file an amended complaint. Accordingly, on February 18, 2021, plaintiff was ordered to show cause within twenty-one days why this action should not be dismissed for failure to prosecute and for failure to state a claim. ECF No. 11. …