Boddie v. Martel et al

Filing 13

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 06/09/2020 DIRECTING the Clerk to randomly assign a District Judge. District Judge Troy L. Nunley added. It is hereby RECOMMENDED that this action be dismissed for failure to prosecute and for failure to obey a court order. Referred to Judge Troy L. Nunley. Objections due within 21 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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ALEXANDER BODDIE,

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Plaintiff,

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No. 2:18-cv-1196 AC P

v.

ORDER AND FINDINGS AND
RECOMMENDATIONS

MICHAEL MARTEL, et al.,

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Defendants.

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

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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.
On March 9, 2020, plaintiff was directed to file a first amended complaint within thirty

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days. See ECF No. 9 at 8. At that time, plaintiff was warned that failure to timely file the

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amended complaint might result in the dismissal of this action for failure to prosecute. See id. at

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8.

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Plaintiff failed to file an amended complaint. As a result, on April 27, 2020, the

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undersigned ordered plaintiff to show cause why this action should not be dismissed for

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for failure to prosecute and for failure to obey a court order. See ECF No. 12. Once again,

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plaintiff was given thirty days to comply with the court’s order, and he was warned that failure to

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do so might result in a recommendation that this matter be dismissed. See id. at 2.
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More than thirty days have passed, and plaintiff has failed to file a showing of cause or

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respond to the court’s April 27, 2020 order in any way. Accordingly, IT IS HEREBY

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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 for failure to
prosecute and for failure to obey a court order. See Fed. R. Civ. P. 41(b); see also L.R. 110.
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 twenty-one days

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

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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: June 9, 2020

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