(PS) Cicalla v. Rogers

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARTIN ANTHONY CICALLA, JR., No. 2:20-cv-01999 DAD AC PS Plaintiff, v. FINDINGS & RECOMMENDATIONS DONNA ROGERS, et al., Defendants. 16 This matter is before the court on plaintiff’s second motion for default judgment (ECF No. 50). For the reasons set forth below, the undersigned recommends denial of plaintiff’s motion for default judgment with prejudice. It is further recommended that this case be dismissed in its entirety for failure to prosecute and/or failure to state a claim. See Fed. R. Civ. P. 41(b); Link v. Wabash R.R. Co., 370 U.S. 626, 629-30 (1962) (sua sponte dismissal for failure to prosecute); Reed v. Lieurance, 863 F.3d 1196, 1207-08 (9th Cir. 2017) (sua sponte dismissal for failure to state a claim). I. Background Plaintiff, appearing in pro se, brought this breach of contract action on October 6, 2020. ECF No. 1. Named defendants Donna Rogers and the Estate of Leon Rogers are…