(PC) Easter v. Smith

Good Law
United States District Court, Eastern District of CaliforniaFebruary 13, 20231:21-cv-01227California1,080 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DERRYL RAY EASTER, Case No.: 1:21-cv-01227 CDB (PC) Plaintiff,

FINDINGS AND RECOMMENDATIONS

v. TO DISMISS THIS ACTION FOR

PLAINTIFF’S FAILURE TO OBEY

S. SMITH, et al., COURT ORDERS AND FAILURE TO

PROSECUTE

Defendants. Clerk of the Court to Assign District Judge 16 14-DAY OBJECTION PERIOD

18 Plaintiff Derryl Ray Easter is proceeding pro se and in forma pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. I. INTRODUCTION On January 11, 2023, the Court issued a screening order directing Plaintiff to file a second amended complaint curing the deficiencies in his pleading or a notice of voluntary dismissal. (Doc. 14.) Despite being given 21 days within which to file a second amended complaint or a notice of voluntary dismissal, Plaintiff has failed to do so. II. DISCUSSION A. Legal Standard Civil Procedure 11, provide, “[f]ailure of counsel or of a party to…

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