William Joseph Babbitt v. Sacramento County Sheriff's Department, et al.

Summary

The United States Magistrate Judge screened plaintiff’s pro se civil complaint, dismissed it with leave to amend, and granted thirty days to file an amended complaint. Because plaintiff neither amended the complaint nor sought an extension, the court recommends dismissal for failure to prosecute under Federal Rule of Civil Procedure 41(b) and closure of the case. The document also provides notice of the fourteen-day period for filing objections to the findings and recommendations.

Holdings

1. The magistrate judge determined that the relevant factors favored dismissal because the case could not proceed without plaintiff's participation and recommended dismissal under Federal Rule of Civil Procedure 41(b).

Questions Presented

1. Whether the action should be dismissed for failure to prosecute after plaintiff failed to file an amended complaint within the time allowed.
2. Whether the court should direct the clerk to close the case following the recommendation for dismissal.

Disposition

other