(PC) Hunt v. Diaz et al

Filing 18

ORDER VACATING 14 FINDINGS AND RECOMMENDATIONS; Plaintiff is advised that the complaint will be screened pursuant to 28 U.S.C. § 1915A in due course, signed by Magistrate Judge Stanley A. Boone on 8/27/2019. (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-DAD-SAB (PC)
ORDER VACATING FINDINGS AND
RECOMMENDATIONS ISSUED JUNE 28, 2019
[ECF No. 14]

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Plaintiff Mark Hunt is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant

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to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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Plaintiff filed the instant action in the United States District Court for the Eastern District of

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California, Sacramento Division on March 28, 2019. On April 19, 2019, the action was transferred to

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this Court.

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On April 23, 2019, the Court issued an order striking Plaintiff’s complaint because it was not

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signed under penalty of perjury, Fed. R. Civ. P. 11(a); Local Rule 131, and Plaintiff was granted thirty

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days to file a complaint signed under penalty of perjury. Plaintiff failed to respond to the Court’s

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order; therefore, on June 3, 2019, the Court issued an order for Plaintiff to show cause within fourteen

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days 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. Plaintiff failed to respond to the order to show cause.
Consequently, on June 28, 2019, the Court issued Findings and Recommendations to dismiss

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the action for failure to prosecute, and Plaintiff was advised objections were to be filed within fourteen

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days. On July 12, 2019, Plaintiff filed a motion for an extension of time and/or stay of the action

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because he was housed at the California State Mental Hospital and was litigating a criminal case in the

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Kings County Superior Court. On July 16, 2019, the Court granted Plaintiff thirty days to file a

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complaint signed under penalty of perjury, but denied his request to stay the action. Inasmuch as

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Plaintiff filed a complaint signed under penalty of perjury on August 5, 2019, it is HEREBY

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ORDERED that the Findings and Recommendations issued on June 28, 2019, are VACATED.

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Plaintiff is advised that the complaint will be screened pursuant to 28 U.S.C. § 1915A in due course.

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IT IS SO ORDERED.

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Dated:

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August 27, 2019
UNITED STATES MAGISTRATE JUDGE

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