Smith v. Warden, Deuel Vocational Institution

Filing 16

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 6/10/2019 ORDERING the Clerk to randomly assign a district judge to this action and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Troy L. Nunley; 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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RICK SMITH,

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No. 2:18-cv-0347 DB P
Plaintiff,

v.

ORDER AND FINDINGS AND
RECOMMENDATIONS

WARDEN, DEUEL VOCATIONAL
INSTITUTION,
Defendant.

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Plaintiff is a county inmate proceeding pro se with a civil rights action pursuant to 42

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U.S.C. § 1983. Plaintiff claims defendants have violated his right to access the courts and his

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right to adequate medical treatment under the Eighth Amendment. By order dated March 25,

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2019, plaintiff’s complaint was dismissed, and thirty days leave to file an amended complaint was

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granted. (ECF No. 14.) Thereafter, plaintiff did not file an amended complaint. On May 7,

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2019, the court directed plaintiff to file an amended complaint within fourteen days and warned

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him that failure to file an amended complaint would result in a recommendation that this action

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be dismissed. (ECF No. 15.) Those fourteen days have now passed, and plaintiff has not filed an

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amended 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 is directed to
randomly assign a district judge to this action.
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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 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 10, 2019

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DLB:12

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DLB1/Orders/Prisoner-CivilRights/smit0347.fsc

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