(PC) Grant v. Rio Consumnes Correctional Center
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LAWRENCE GRANT, No. 2:21-CV-1759-TLN-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS RIO CONSUMNES CORRECTIONAL CENTER, et al., 15 Defendants.
17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. On December 3, 2021, the Court directed Plaintiff to file an amended complaint within 30 days. Plaintiff was warned that failure to file an amended complaint may result in dismissal of this action for lack of prosecution and failure to comply with court rules and orders. See Local Rule 110. On January 28, 2022, the Court granted Plaintiff a 30-day extension of time to file his first amended complaint. To date, Plaintiff has not complied. The Court must weigh five factors before imposing the harsh sanction of dismissal. See Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000); Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987). Those factors…