Hicks v. State Medical et al

Filing 17

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 4/2/2018 ORDERING the Clerk to randomly assign this action to a district judge and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEVEN HICKS,

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No. 2:15-cv-0747 DB P
Plaintiff,

v.

ORDER AND FINDINGS AND
RECOMMENDATIONS

STATE MEDICAL, et al.,

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Defendants.

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

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action under 42 U.S.C. § 1983. On September 21, 2018, the court screened plaintiff’s complaint,

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dismissed it with leave to amend, and directed plaintiff to file an amended complaint within thirty

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days. (ECF No. 15.) Plaintiff has not filed an amended complaint, updated his address, notified

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the court that he is dismissing this action, or otherwise responded to the court’s orders.

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By order dated March 6, 2018, plaintiff was ordered to show cause, within fourteen days,

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why this action should not be dismissed. (ECF No. 16.) The fourteen day period has now

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expired, and plaintiff has not shown cause or otherwise responded to the court’s order.

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Accordingly, the court will direct the clerk of the court to assign a district judge and recommend

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that this action be dismissed for failure to comply with a court order.

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IT IS HEREBY ORDERED that the Clerk of the Court shall randomly assign this action
to a district judge.
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IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See
Local Rule 110; Fed. R. Civ. P. 41(b).

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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)(l). 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: April 2, 2018

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DLB:12
DLB:1/Orders/Prisoner-Civil Rights/hick0747.fsc.dism

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