Robinson v. Castellon et al

Filing 26

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 06/24/19 ORDERING the clerk of the court 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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KENNETH ROBINSON,

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No. 2:17-cv-2550 DB P

Plaintiff,
v.

ORDER AND FINDINGS AND
RECOMMENDATIONS

R. CASTELLON, et al.,
Defendants.

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Plaintiff is a state inmate proceeding pro se with a civil rights action under 42 U.S.C. §

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1983. Plaintiff claims defendants were deliberately indifferent to his safety in violation of the

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Eighth Amendment. By order dated February 8, 2019, plaintiff’s first amended complaint was

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screened and dismissed for failure to state a claim. (ECF No. 23.) Plaintiff was directed to file an

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amended complaint within thirty days and warned that failure to file an amended complaint

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would result in a recommendation that this action be dismissed. Thereafter, plaintiff did not file

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an amended complaint.

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On April 2, 2019, the court directed plaintiff to either dismiss this action or file an

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amended complaint within fourteen days. Plaintiff was again warned that failure to comply with

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the court’s orders would result in a recommendation that this action be dismissed. Since that time

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plaintiff has not filed an amended complaint, requested additional time to file an amended

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complaint, updated his address, or otherwise responded to the court’s order.
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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall randomly
assign a district judge to this action.
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 and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that

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failure to file objections within the specified time may waive the right to appeal the District

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Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: June 24, 2019

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DLB:12
DLB:1/Orders/prisoner-civil rights/robi2550.fsc

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