Spears
(PS) Spears v. Spears
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LAUREN SPEARS, No. 2:21–cv–1472–TLN–CKD PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS TO
DISMISS FOR FAILURE TO PROSECUTE
BRIAN K. SPEARS,
Defendant. 16 On November 23, 2021, the court both denied without prejudice plaintiff’s renewed application to proceed in forma pauperis (“IFP”) and explained why plaintiff’s two-page state court form complaint was unsuitable for service. (ECF No. 5; see ECF Nos. 1, 4.) Plaintiff was given 30 days to file a properly completed IFP application and a first amended complaint, or a notice of voluntary dismissal. (ECF No. 5 at 8.) Plaintiff was also cautioned that failure to timely comply with that order “will result in a recommendation that the action be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(b).” (Id.) That 30-day deadline passed several weeks ago, with no further filings from plaintiff. Accordingly, the undersigned now recommends dismissing…