(PS) Moreno v. Austin

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RODNEY MORENO, No. 2:22–cv–1719–KJM–KJN PS Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS FOR FAILURE TO PROSECUTE

v. LLOYD J. AUSTIN, III, Secretary, U.S. Department of Defense 15 Defendant. 16 Plaintiff, proceeding without the assistance of counsel, filed a complaint against defendant. (See ECF No. 1.) The undersigned recommended defendant’s motion to dismiss be granted. (ECF No. 11.) The assigned district judge adopted the findings in part, granting dismissal but also granting plaintiff 30 days to file an amended complaint. (ECF No. 15.) This deadline passed without a response from plaintiff. Accordingly, the undersigned recommends dismissing this case with prejudice under Rule 41(b) for failure to follow the court’s orders. A district court may impose sanctions, including involuntary dismissal of a plaintiff’s case pursuant to Federal Rule of Civil Procedure 41(b), where that plaintiff fails to prosecute his or her case or fails to…