Brewer v. State of California Department of Corrections and Rehabilitation et al

Filing 8

ORDER Directing Clerk of Court to Randomly Assign a District Judge to This Action - CASE ASSIGNED to District Judge Dale A. Drozd and Magistrate Judge Stanley A. Boone. New Case No. 1:18-cv-00492 DAD SAB (PC); FINDINGS and RECOMMENDATION Recommending Dismissal of Action for Failure to Comply With a Cout Order and Failure to State a Cognizable Claim for Relief 1 , 7 , signed by Magistrate Judge Stanley A. Boone on 5/29/2018: 21-Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JASON A. BREWER,

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Plaintiff,
v.
STATE OF CALIFORNIA DEPARTMENT
OF CORRECTIONS AND
REHABILITATION, et al.,
Defendants.

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Case No.: 1:18-cv-00492-SAB (PC)
ORDER DIRECTING CLERK OF COURT TO
RANDOMLY ASSIGN A DISTRICT JUDGE TO
THIS ACTION
FINDINGS AND RECOMMENDATION
RECOMMENDING DISMISSAL OF ACTION
FOR FAILURE TO COMPLY WITH A COURT
ORDER AND FAILURE TO STATE A
COGNIZABLE CLAIM FOR RELIEF
[ECF Nos. 1, 7]

Plaintiff Jason A. Brewer is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.

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On April 18, 2018, the Court screened the complaint and granted Plaintiff leave to file an

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amended complaint within thirty days. 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e). Plaintiff was warned

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that if he failed to comply, the Court would recommend dismissal of the action. (ECF No. 17.) More

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than thirty days have passed, and Plaintiff has not complied with or otherwise responded to the order.

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The Court has the inherent power to control its docket and may, in the exercise of that power,

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impose sanctions where appropriate, including dismissal of the action. Bautista v. Los Angeles Cnty.,

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216 F.3d 837, 841 (9th Cir. 2000). In determining whether to dismiss an action for failure to comply

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with a pretrial order, the Court must weigh “(1) the public’s interest in expeditious resolution of

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litigation; (2) the court’s need to manage its docket; (3) the risk of prejudice to the defendants; (4) the

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public policy favoring disposition of cases on their merits; and (5) the availability of less drastic

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sanctions.” In re Phenylpropanolamine (PPA) Products Liability Litig., 460 F.3d 1217, 1226 (9th Cir.

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2006) (internal quotations and citations omitted). These factors guide a court in deciding what to do,

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and are not conditions that must be met in order for a court to take action. Id. (citation omitted).

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Based on Plaintiff’s failure to comply with or otherwise respond to the order, this action should be

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dismissed. Id. This action, which has been pending April 2018, can proceed no further without

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Plaintiff’s cooperation and compliance with the order at issue, and the action cannot simply remain

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idle on the Court’s docket, unprosecuted. Id.

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Based on the foregoing, it is HEREBY RECOMMENDED that:

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1.

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The instant action be dismissed for failure to state a cognizable claim under 42

U.S.C. § 1983;

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2.

The Clerk of Court be directed to terminate this action; and

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3.

The Office of the Clerk is directed to randomly assign this action to a District

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Judge.
These Findings and Recommendations will be submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one (21)

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days after being served with these Findings and Recommendations, Plaintiff may file written

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objections with the Court. The document should be captioned “Objections to Magistrate Judge’s

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Findings and Recommendations.” Plaintiff is advised that failure to file objections within the

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specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-

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39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991

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IT IS SO ORDERED.

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Dated:

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May 29, 2018
UNITED STATES MAGISTRATE JUDGE

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