(PC) Ortega v. Lynn ( 2021 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 GERALD ANTHONY ORTEGA, No. 2:19-cv-02028 DB P 11 Plaintiff, 12 v. ORDER AND FINDINGS AND RECOMMENDATIONS 13 LYNN, 14 Defendant. 15 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 17 U.S.C. § 1983. By order dated November 23, 2020, the court ordered plaintiff to file a pleading 18 which provided the full names of defendants “Nurse Lynn Doe” and “Dr. Doe No. 1” to the court. 19 (ECF No. 8.) Plaintiff was given thirty days leave to file such a pleading. (Id. at 9.) Plaintiff was 20 warned that failure to abide by the court’s order would result in a recommendation that this action 21 be dismissed. (Id.) Following this order, plaintiff moved to be granted limited preliminary 22 discovery. (ECF No. 11.) On January 5, 2021, this order was denied as premature and plaintiff 23 was granted a thirty-day extension to file a pleading which provided the defendant’s full names. 24 (ECF No. 12.) Plaintiff was granted an additional ninety-day extension on January 25, 2021. 25 (ECF No. 14.) During this extension of time, the court denied plaintiff’s request for subpoena as 26 it failed to specify the documents sought. (ECF No. 16.) 27 The ninety days granted by the court’s January 25, 2021 order have passed. Plaintiff has 28 not filed a pleading which provides the full names of the defendants or requested additional time 1 | tofile any of these documents. Accordingly, the court will recommend that this action be 2 || dismissed for failure to prosecute and failure to comply with court orders. 3 For the reasons state above, the Clerk of the Court is ORDERED to randomly assign a 4 | district judge to this action. 5 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See 6 | Local Rule 110; Fed. R. Civ. P. 41(b). 7 These findings and recommendations are submitted to the United States District Judge 8 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within thirty days after 9 | being served with these findings and recommendations, plaintiff may file written objections with 10 || the court and serve a copy on all parties. Such a document should be captioned 11 | “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 12 | failure to file objections within the specified time may waive the right to appeal the District 13 | Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 14 | Dated: December 7, 2021 15 16 ORAH BARNES UNITED STATES MAGISTRATE JUDGE 18 19 20 21 DBE Prisoner Inbox/Civil Rights/R/o1te2028. fr.dism 22 23 24 25 26 27 28