Henderson v. Unknown

Filing 30

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 05/20/2020 DIRECTING the Clerk to randomly assign a District Judge. District Judge Troy L. Nunley added. It is hereby RECOMMENDED that 1 Prisoner Civil Rights Co mplaint be dismissed without prejudice for failure to state a claim, failure to prosecute and for failure to obey a court order. Referred to Judge Troy L. Nunley. Objections due within 30 days after being served with these Findings and Recommendations. (Tupolo, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM MARTIN HENDERSON,

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No. 2:17-cv-2121 DB P

Plaintiff,
v.

ORDER AND FINDINGS AND
RECOMMENDATIONS

CDCR DIRECTOR, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil

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rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States

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

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On March 6, 2019, the undersigned screened the instant complaint and determined that it

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failed to state a claim upon which relief could be granted. (See ECF No. 26). As a result,

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plaintiff was ordered to file an amended complaint within thirty days. (See id. at 6-7). Plaintiff

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neither filed an amended complaint, nor did he respond to the court’s order in any way.

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On April 14, 2020, the undersigned directed plaintiff to show cause within thirty days why

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this action should not be dismissed for failure to prosecute and for failure to obey a court order.

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(ECF No. 29). At that time, plaintiff was informed that a failure to respond to the order might

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result in a recommendation that this action be dismissed. (See id. at 2). Once again, plaintiff

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failed to respond to the court’s order in any way.
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In light of these facts, IT IS HEREBY ORDERED that the Clerk of Court randomly
assign a District Court Judge to this action.

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IT IS FURTHER RECOMMENDED that this action be DISMISSED without prejudice

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for failure to state a claim, for failure to prosecute, and for failure to obey a court order. See 28

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U.S.C. § 1915A(b)(1); Fed. R. Civ. P. 41(b); L.R. 110.

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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 thirty days after

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

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the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings and

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

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may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th

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Cir. 1991).

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Dated: May 20, 2020

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DLB:13
DB/ORDERS/ORDERS.PRISONER.CIVIL RIGHTS/hend2121.of&r.ftsac.ftp

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