Scott v. Brown

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations after the plaintiff failed to file objections or an amended complaint. The court dismissed the § 1983 action without prejudice for lack of prosecution and failure to comply with a court order, and directed the Clerk to close the case.

Holdings

1. The district court adopted the magistrate judge's findings and recommendations in full because they were supported by the record and proper legal analysis, and the plaintiff filed no objections.
2. The action was properly dismissed without prejudice for lack of prosecution and failure to comply with the court's order requiring plaintiff to file an amended complaint.

Questions Presented

1. Whether the magistrate judge's findings and recommendations should be adopted when the plaintiff filed neither objections nor the ordered amended complaint.
2. Whether the action should be dismissed without prejudice for lack of prosecution and failure to comply with a court order.

Disposition

dismissed