(PC) Fisher v. Graham ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GARY FRANCIS FISHER, A.K.A. No. 2:20-cv-0847 DB P SONNY BARGER, II, A.K.A. GARY 12 DALE BARGER, 13 Plaintiff, ORDER AND FINDINGS AND RECOMMENDATIONS 14 v. 15 GRAHAM, 16 Defendant. 17 18 Plaintiff is a former state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 19 U.S.C. § 1983. Plaintiff alleges prison officials failed to protect him from an attack by another 20 inmate. By order dated October 2, 2020, the court screened the complaint and determined it did 21 not contain any cognizable claims. (ECF No. 6.) Plaintiff was given thirty days leave to file an 22 amended complaint and warned that failure to file an amended complaint would result in a 23 recommendation that this action be dismissed. Those thirty days have passed, and plaintiff has 24 not filed an amended complaint, requested additional time to file an amended complaint, updated 25 his address, or otherwise responded to the court’s order. Accordingly, the court will recommend 26 that this action be dismissed for failure to prosecute and failure to comply with court orders. 27 //// 28 //// 1 For the reasons state above, the Clerk of the Court is ORDERED to randomly assign a 2 | district judge to this action. 3 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See 4 | Local Rule 110; Fed. R. Civ. P. 41(b). 5 These findings and recommendations are submitted to the United States District Judge 6 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days 7 | after being served with these findings and recommendations, plaintiff may file written objections 8 | with the court and serve a copy on all parties. Such a document should be captioned 9 | “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 10 | failure to file objections within the specified time may waive the right to appeal the District 11 | Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 12 | Dated: January 19, 2021 13 14 15 ORAH BARNES UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 | pps 74 DB: 1/Orders/Prisoner/Civil Rights/fish0847.f&r.dism 24 25 26 27 28