(PC) Wilhelm v. Beard ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEVE WILHELM, A.K.A. STEVEN No. 2:18-cv-1125 DB P HAIRL WILHELM, 12 Plaintiff, 13 ORDER AND FINDINGS AND v. RECOMMENDATIONS 14 JEFFREY A. BEARD, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil 18 rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to this court 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On February 11, 2020, having screened the instant complaint, the undersigned determined 21 that plaintiff had failed to state a claim upon which relief could be granted. Consequently, he was 22 ordered to file an amended complaint within thirty days. (See ECF No. 9). Thereafter, thirty 23 days passed, and plaintiff neither filed an amended complaint nor responded to the court’s order 24 in any way. 25 As a result of plaintiff’s failure to comply with the court’s order, on April 7, 2020, the 26 court issued an order directing plaintiff to show cause within thirty days why this matter should 27 not be dismissed for failure to prosecute and for failure to obey a court order. (See ECF No. 12). 28 6. L0°UV VE SOU VAIN MMU tO PI ee AY 1 | To date, plaintiff has also failed either to file a showing of cause or to respond to the court’s 2 | order. 3 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall randomly appoint a 4 | District Court Judge to this action. 5 IT IS FURTHER RECOMMENDED that this action be DISMISSED for failure to state a 6 | claim, for failure to prosecute, and for failure to obey court orders. See 28 U.S.C. § 1915A(b)(1); 7 | Fed. R. Civ. P. 41(b); L.R. 110; see also ECF Nos. 9, 12. 8 These findings and recommendations are submitted to the United States District Judge 9 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within thirty days after 10 | being served with these findings and recommendations, plaintiff may file written objections with 11 |} the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings and 12 | Recommendations.” Plaintiff is advised that failure to file objections within the specified time 13 | may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 14 } Cir. 1991). 15 | Dated: May 18, 2020 17 18 ORAH BARNES UNITED STATES MAGISTRATE JUDGE 19 | piB.13 DB/ORDERS/ORDERS.PRISONER.CIVIL RIGHTS/wilh! 125 noshow.of&r 20 21 22 23 24 25 26 27 28