(PC) Hunt v. Diaz et al

Filing 14

FINDINGS and RECOMMENDATIONS recommending that the instant action be dismissed for failure to prosecute ; referred to Judge Drozd; New case number is 1:19-cv-00504 SAB (PC), signed by Magistrate Judge Stanley A. Boone on 6/27/2019. Objections to F&R due 14-Day Deadline(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARK HUNT,

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Plaintiff,

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v.

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D. DIAZ, et al.,

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Defendants.

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Case No.: 1:19-cv-00504-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 PROSECUTE
[ECF No. 11]

Plaintiff Mark Hunt is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
On June 3, 2019, the Court issued an order for Plaintiff to show cause within fourteen days

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why the action should not be dismissed for failure to prosecute, namely, the failure to submit a

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complaint signed under penalty of perjury. More than fourteen days have passed and Plaintiff has not

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complied with or otherwise responded to the Court’s order. Plaintiff was warned that a

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recommendation for dismissal would occur if he failed to obey the order.

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A civil action may not proceed absent the submission of a cognizable complaint signed under

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penalty of perjury. Fed. R. Civ. P. 11(a); Local Rule 131. Based on Plaintiff’s failure to comply with

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the Court’s order, dismissal of this action is appropriate. In re Phenylpropanolamine (PPA) Products

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Liability Litigation, 460 F.3d 1217, 1226 (9th Cir. 2006); Local Rule 110.
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Accordingly, it is HEREBY ORDERED that a Fresno District Judge be randomly assigned to

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this action.
Further, it is HEREBY RECOMMENDED that the instant action be dismissed for failure to

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prosecute.
This Findings and Recommendation 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 fourteen (14) days

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after being served with this Findings and Recommendation, Plaintiff may file written objections with

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the Court. The document should be captioned “Objections to Magistrate Judge’s Findings and

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Recommendation.” Plaintiff is advised that failure to file objections within the specified time may

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result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014)

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(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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June 27, 2019
UNITED STATES MAGISTRATE JUDGE

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