Foust v. California Medical Facility

Foust · United States District Court for the Eastern District of California · March 18, 2025 · No. 2:21-CV-0540-DJC-DMC-P

Summary

The document contains findings and recommendations in a prisoner civil rights action under 42 U.S.C. § 1983. The magistrate judge recommends dismissal without prejudice for lack of prosecution and failure to comply with an order directing the plaintiff to file a fourth amended complaint.

Holdings

  1. Dismissal without prejudice was appropriate because Plaintiff failed to file the ordered fourth amended complaint after receiving a warning that noncompliance could result in dismissal.

Questions Presented

  1. Whether the action should be dismissed without prejudice for failure to prosecute and failure to comply with court rules and the court's order to file a fourth amended complaint.

Disposition

other

Cases Cited (6)

  • Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000)(followed)
  • Malone v. U.S. Postal Service, 833 F.2d 128, 130, 132-33 & n.1 (9th Cir. 1987)(followed)
  • Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (per curiam)(followed)
  • Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986)(followed)
  • Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992)(followed)
  • Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991)(followed)

Cited In (0)

No citing cases on record yet.

Court Document

Open PDF
Loading document…