Opinion
3:20-cv-2067-JR
01-21-2022
BARRY JOE STULL, Plaintiff, v. JAKOB BUETLER, et al., Defendants.
FINDINGS & RECOMMENDATION
JOLIE A. RUSSO, UNITED STATES MAGISTRATE JUDGE
Pro se plaintiff, Barry Stull, brings this action alleging a violation of the Americans with Disabilities Act (ADA) and his civil rights broadly targeting 43 defendants involved in the treatment of his chronic pain condition from 2002 onward as well as various law enforcement and security personnel. After defendants filed numerous motions to dismiss, the Court dismissed the complaint with leave to amend. See Order (ECF 74).
The Court warned plaintiff that failure to file an amended complaint as directed would result in dismissal with prejudice. The amended complaint was due December 28, 2021. To date, plaintiff has not submitted an amended complaint. Accordingly, this action should be dismissed with prejudice for failure to prosecute and failure to follow a Court Order.
CONCLUSION
This action should be dismissed with prejudice for failure to prosecute and failure to follow a Court Order. A judgment should enter.
This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of appeals. Any notice of appeal pursuant to Rule 4(a)(1), Federal Rules of Appellate Procedure, should not be filed until entry of the district court's judgment or appealable order. The parties shall have fourteen (14) days from the date of service of a copy of this recommendation within which to file specific written objections with the court. Thereafter, the parties shall have fourteen (14) days within which to file a response to the objections. Failure to timely file objections to any factual determination of the Magistrate Judge will be considered as a waiver of a party's right to de novo consideration of the factual issues and will constitute a waiver of a party's right to appellate review of the findings of fact in an order or judgment entered pursuant to this recommendation.