Antonio G. Robles v. Steven Johnson, et al.

Summary

These Findings and Recommendations address the dismissal of Antonio G. Robles’s pro se civil rights action for failure to obey court orders and failure to prosecute. The magistrate judge concludes that the relevant dismissal factors support dismissal without prejudice because Plaintiff did not file a required second amended complaint or notice of voluntary dismissal. The recommendations were issued with a 14-day period for objections.

Holdings

1. The court recommended dismissal without prejudice because Plaintiff failed to comply with the Second Screening Order and failed to prosecute the action.

Questions Presented

1. Whether the action should be dismissed without prejudice because Plaintiff failed to obey the court's order requiring a second amended complaint or notice of voluntary dismissal.
2. Whether dismissal for failure to prosecute was warranted under the applicable five-factor test.
3. Whether the court had adequately considered less drastic sanctions before recommending dismissal.

Disposition

other