Crisp v. California Health Care Facility et al

Filing 39

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 08/15/18 ORDERING the clerk shall randomly assign a U.S. District Judge to this action. Also, RECOMMENDING that this action be dismissed without prejudice. Assigned and referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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OBIE L. CRISP, III,

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No. 2:14-cv-1345 DB P

Plaintiff,
v.

ORDER AND FINDINGS AND
RECOMMENDATIONS

CALIFORNIA HEALTH CARE
FACILITY, et al.,
Defendants.

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Plaintiff is a former state prisoner proceeding pro se and in forma pauperis with a civil

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rights action under 42 U.S.C. § 1983. Plaintiff alleges defendants violated his rights under the

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Americans with Disabilities Act (ADA) and failed to provide him with adequate medical care in

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violation of the Eighth Amendment.

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On May 31, 2018, the court screened and dismissed plaintiff’s Third Amended Complaint.

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(ECF No. 36.) Plaintiff was directed to file an amended complaint within thirty days and warned

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that failure to do so would result in a recommendation that his action be dismissed. Thereafter,

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plaintiff did not file an amended complaint.

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By order dated July 16, 2018, plaintiff was ordered to dismiss this action or file an amended

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complaint within fourteen days. (ECF No. 37.) Plaintiff was again warned that failure to comply

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with the court’s order may result in a recommendation that this action be dismissed. Those
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fourteen days have passed and plaintiff has not filed an amended complaint, notified the court he

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wishes to dismiss the action, or otherwise responded to the court’s order.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).
The Clerk of the Court is HEREBY ORDERED randomly assign this action to a United
States District Judge.

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These findings and recommendations are 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)(1). Within fourteen days

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after being served with these findings and recommendations, plaintiff may file written objections

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with the court. The document should be captioned “Objections to Magistrate Judge’s Findings

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

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time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153

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(9th Cir. 1991).

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Dated: August 15, 2018

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DLB:12
DLB:1/Orders/Prisoner.CivilRights/cris1345.fsc

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