Carroll v. Spearman

Filing 27

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 2/7/2019 RECOMMENDING this action be dismissed without prejudice. Referred to Judge John A. Mendez; 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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TREMAYNE DEON CARROLL,

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Plaintiff,

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No. 2:17-cv-0862 JAM DB P

v.

FINDINGS AND RECOMMENDTIONS

SPEARMAN, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. Plaintiff claims officials at Hight Desert State Prison failed to provide

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him with safe living conditions in violation of the Americans with Disabilities Act, used

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excessive force, and retaliated against him.
By order dated December 18, 2018, plaintiff was granted thirty days to either dismiss this

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action or file an amended complaint. (ECF No. 26.) Plaintiff was warned that failure to do so

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could result in a recommendation that this action be dismissed. Those thirty days have passed

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and plaintiff has not dismissed this action, filed an amended complaint, or otherwise responded to

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the court’s orders.
Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without

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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)(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: February 7, 2019

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DLB:12
DLB:1/Orders/Prisoner.Civil.Rights/carr0862.dism

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