Opinion
CASE NO. 3:17-cv-06076-RBL-DWC
07-18-2018
JAMES A. WILLIAMS, Plaintiff, v. BRUCE GAGE, et al., Defendant.
REPORT AND RECOMMENDATION Noting Date: August 3, 2018
The District Court has referred this action filed under 42 U.S.C. § 1983 to United States Magistrate Judge David W. Christel. Plaintiff James A. Williams, proceeding pro se and in forma pauperis, initiated this civil rights action on December 28, 2017. See Dkt. 1. On March 21, 2018, the Court screened Plaintiff's Complaint and found it was deficient. Dkt. 11. The Court ordered Plaintiff to correct the deficiencies by April 20, 2018. Id. The Court warned failure to file an amended complaint or adequately address the issues identified in the Order would result in the Court recommending dismissal of this action pursuant to 28 U.S.C. § 1915. Id . When Plaintiff failed to respond, the Court entered a Report and Recommendation that his case be dismissed for failure to obey a court order. Dkt. 12.
Plaintiff subsequently filed a Motion for Extension of Time to Respond. Dkt. 13. The Court interpreted this as Plaintiff indicating he still desired to pursue his case, and therefore vacated the Court's Report and Recommendation, providing Plaintiff until June 22, 2018 to file an Amended Complaint. Dkt. 14. Plaintiff has again failed to do so.
As Plaintiff has again failed to respond the Court's Order and prosecute his case, the Court recommends this case be dismissed without prejudice.
Pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days from service of this Report to file written objections. See also Fed. R. Civ. P. 6. Failure to file objections will result in a waiver of those objections for purposes of appeal. Thomas v Arn, 474 U.S. 140 (1985). Accommodating the time limit imposed by Rule 72(b), the Clerk is directed to set the matter for consideration on August 3, 2018, as noted in the caption.
Dated this 18th day of July, 2018.
/s/_________
David W. Christel
United States Magistrate Judge