Royalton McCamey v. Google and Alameda News Group

Summary

The document is Findings and Recommendations recommending dismissal without prejudice of Royalton McCamey’s pro se civil rights action against Google and Alameda News Group. The recommendation is based on Plaintiff’s failure to comply with a screening order, amend the complaint, voluntarily dismiss the action, or otherwise prosecute the case.

Holdings

1. Dismissal without prejudice is warranted under Federal Rule of Civil Procedure 41(b) and Eastern District of California Local Rule 110 because Plaintiff failed to comply with the screening order and failed to prosecute the action.
2. The complaint, as pleaded, failed to state a federal claim, did not establish an identifiable basis for federal-question jurisdiction, and failed to comply with Federal Rule of Civil Procedure 8(a)(2).

Questions Presented

1. Whether the action should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) and Eastern District of California Local Rule 110 because Plaintiff failed to comply with a court order.
2. Whether Plaintiff's failure to take any action or request an extension constituted a failure to prosecute warranting dismissal.
3. Whether the five-factor dismissal analysis supported dismissal despite the public policy favoring decisions on the merits.

Disposition

remanded