(PC) Henderson v. CDCR Director ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM MARTIN HENDERSON, No. 2:17-cv-2121 DB P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 CDCR DIRECTOR, 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 a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On March 6, 2019, the undersigned screened the instant complaint and determined that it 21 failed to state a claim upon which relief could be granted. (See ECF No. 26). As a result, 22 plaintiff was ordered to file an amended complaint within thirty days. (See id. at 6-7). Plaintiff 23 neither filed an amended complaint, nor did he respond to the court’s order in any way. 24 On April 14, 2020, the undersigned directed plaintiff to show cause within thirty days why 25 this action should not be dismissed for failure to prosecute and for failure to obey a court order. 26 (ECF No. 29). At that time, plaintiff was informed that a failure to respond to the order might 27 result in a recommendation that this action be dismissed. (See id. at 2). Once again, plaintiff 28 failed to respond to the court’s order in any way. wOov 2.48 VV Ve tei PRINCE MVOC OY POC Veter POY ee 1 In light of these facts, IT IS HEREBY ORDERED that the Clerk of Court randomly 2 | assign a District Court Judge to this action. 3 IT IS FURTHER RECOMMENDED that this action be DISMISSED without prejudice 4 | for failure to state a claim, for failure to prosecute, and for failure to obey a court order. See 28 5 | U.S.C. § 1915A(b)(1); Fed. R. Civ. P. 41(b); L.R. 110. 6 These findings and recommendations are submitted to the United States District Judge 7 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within thirty days after 8 | being served with these findings and recommendations, plaintiff may file written objections with 9 | the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings and 10 | Recommendations.” Plaintiff is advised that failure to file objections within the specified time 11 | may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 12 Cir. 1991). 13 | Dated: May 20, 2020 14 15 16 ORAH BARNES UNITED STATES MAGISTRATE JUDGE 17 | pLB:13 DB/ORDERS/ORDERS.PRISONER.CIVIL RIGHTS /hend2121 of&r.ftsac.ftp 18 19 20 21 22 23 24 25 26 27 28