(PC) Holston v. Cruz ( 2023 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 THERON KENNETH HOLSTON, No. 2:22-cv-01949 DB P 11 Plaintiff, 12 v. ORDER AND FINDINGS AND RECOMMENDATIONS 13 MARIO CRUZ, 14 Defendants. 15 16 Plaintiff is a state prisoner proceeding pro se. Plaintiff initially filed a complaint and 17 motion to proceed in forma pauperis in conjunction with a motion to seal these documents and a 18 request to proceed under a pseudonym on October 27, 2022. (ECF Nos. 1-3.) The court denied 19 plaintiff’s request to proceed under a pseudonym and motion to seal on November 2, 2022. (ECF 20 No. 5.) The court struck plaintiff’s complaint for failure to comply with Federal Rule of Civil 21 Procedure 10(a) and directed plaintiff to file a new complaint within thirty days. (Id. at 4.) 22 Thirty days have passed. Plaintiff has failed to file an amended complaint, request an 23 extension of time to do so, or otherwise respond to the court’s order within thirty days. As such, 24 there is no operative complaint in this action. Plaintiff was warned that failure to abide by the 25 court’s order and file a complaint in this action would result in a recommendation that this action 26 be dismissed. (Id.) 27 //// 28 //// ] As there is no operative complaint in this action and plaintiff has failed to file a complaint 2 || as ordered, it will be recommended that this action be dismissed for failure to comply with court 3 || orders and failure to prosecute. 4 For the reasons state above, the Clerk of the Court is ORDERED to randomly assign a 5 || district judge to this action. 6 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See 7 || Local Rule 110; Fed. R. Civ. P. 41(b). 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 twenty-one days 10 || after being served with these findings and recommendations, plaintiff may file written objections 11 || with the court and serve a copy on all parties. Such a document should be captioned “Objections 12 || to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 13 || objections within the specified time may waive the right to appeal the District Court’s order. 14 | Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 13 || Dated: March 29, 2023 16 17 18 .B ORAH BARNES UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 | ps. 54 DB/DB Prisoner Inbox/Civil □□□□□□□□□□□□□□□□□□□□□□□□□ 25 26 27 28