Robinson
(PS) Durlin v. Robinson
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CODY J. DURLIN, No. 2:21-cv-1495-TLN-KJN PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS TO
DISMISS FOR FAILURE TO PROSECUTE
SHAYNE M. ROBINSON, et al.
Defendants. 16 On October 12, 2021, the court granted plaintiff’s application to proceed in forma pauperis but found plaintiff’s complaint unsuitable for service. (ECF No. 3.) Plaintiff was given 30 days to file a first amended complaint and cautioned that failure to timely comply with the order could result in a recommendation that this action be dismissed. (Id.) When that deadline passed without any further filings from plaintiff, on November 18, 2021, the court issued an order to show cause why the case should not be dismissed with prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. (ECF No. 4.) Plaintiff was given 14 days to respond and was warned that failure to timely comply “will result” in a recommendation of dismissal with 25 …