John Patrick Smylie v. Plumas County District Attorney’s Office, et al.

Summary

The United States Magistrate Judge recommends dismissing John Patrick Smylie’s 42 U.S.C. § 1983 action for failure to prosecute after he did not file an amended complaint within the granted deadline. The recommendation applies the factors governing dismissal for failure to prosecute and advises that objections may be filed within fourteen days.

Holdings

1. Because the action could not move forward without plaintiff's participation and plaintiff failed to comply with the order granting leave to amend, the Ferdik factors weighed in favor of dismissal for failure to prosecute.

Questions Presented

1. Whether the action should be dismissed for failure to prosecute after plaintiff failed to file an amended complaint or otherwise respond to the court's order.
2. Whether the five Ferdik factors favored dismissal under Federal Rule of Civil Procedure 41(b).

Disposition

other