Scott Andrew Morrison v. Steven Acquisto, et al.

Summary

The United States District Court for the Eastern District of California recommends dismissing the action without prejudice because the plaintiff failed to file an amended complaint by the court-ordered deadline. The magistrate judge also ordered that a district judge be assigned and advised the plaintiff of the deadline and consequences for filing objections.

Holdings

1. The action should be dismissed without prejudice because plaintiff failed to file an amended complaint by the court-ordered deadline after the original complaint was dismissed with leave to amend.

Questions Presented

1. Whether the action should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) and Local Rule 110 because plaintiff failed to file an amended complaint after being granted leave to amend.

Disposition

other