Alvarez v. Morris Shea Bridge Company

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations and dismissed Sergio Alvarez’s pro se, in forma pauperis action against Morris Shea Bridge Company with prejudice. The court concluded that plaintiff failed to state a claim and failed to comply with an order requiring an amended complaint or notice of voluntary dismissal. The Clerk was directed to enter judgment and close the case.

Holdings

1. The court adopted the magistrate judge's findings and recommendations and dismissed the action with prejudice because plaintiff failed to obey the screening order and failed to state a claim upon which relief could be granted.
2. Service on defendant was not required before the court screened and dismissed the complaint, and defendant was not required to serve plaintiff because defendant had not appeared.

Questions Presented

1. Whether the magistrate judge's recommendation to dismiss the action with prejudice for failure to obey a court order and failure to state a claim should be adopted after de novo review.
2. Whether defendant was required to serve plaintiff before the complaint could be screened or dismissed.

Disposition

dismissed