Summary
The document contains findings and recommendations by a United States magistrate judge in a prisoner civil rights action under 42 U.S.C. § 1983. It recommends dismissal without prejudice for lack of prosecution and failure to comply with an order to file an amended complaint, and advises the parties of the deadline to file objections.
Holdings
- Dismissal without prejudice was appropriate because Plaintiff failed to file the amended complaint as ordered after receiving a warning that noncompliance could result in dismissal.
Questions Presented
- Whether the action should be dismissed without prejudice for lack of prosecution and failure to comply with the court's order to file an amended complaint.
- Whether the five-factor test governing dismissal as a sanction supports dismissal in light of Plaintiff's noncompliance and the prior warning.
Disposition
other
Cases Cited (6)
- Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000)(followed)
- Malone v. U.S. Postal Service, 833 F.2d 128, 130, 132-33 & n.1 (9th Cir. 1987)(followed)
- Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (per curiam)(followed)
- Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986)(followed)
- Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992)(followed)
- Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991)(followed)
Cited In (0)
No citing cases on record yet.
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