Clayborne
(PS) DeVan Daniel v. Clayborne
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MELVIN DEVAN DANIEL, No. 2:22–cv–1350–KJM–KJN PS Plaintiff, FINDINGS AND RECOMMENDATIONS TO
DISMISS FOR FAILURE TO PROSECUTE
v. ROBERT CLAYBORNE, et al., Defendants. 16 Plaintiff, proceeding pro se, filed a complaint against several defendants and requested leave to proceed in forma pauperis. (See ECF Nos. 1, 2.) The court granted plaintiff’s IFP request but granted plaintiff leave to amend, finding the complaint lacked sufficient facts to plausibly allege a violation of plaintiff’s constitutional rights. (ECF No. 3.) Plaintiff was given 28 days to amend the complaint and was warned that failure to do so by the required deadline could result in sanctions, including “dismissal of the action with prejudice pursuant to Federal Rule of Civil Procedure 41(b).” (Id. at 5.) Despite an extension of time, plaintiff has failed to file an amended complaint by the deadline. Accordingly, the undersigned recommends dismissing this case with…