(PC) Mwasi v. Corcoran State Prison, No. 1:2013cv00695 - Document 69 (E.D. Cal. 2016)

Court Description: FINDINGS and RECOMMENDATIONS recommending that Defendant Dr. Mahoney and all claims against him be DISMISSED with prejudice for Plaintiff's failure to comply with the Court's Order and to prosecute this action re 59 Amended Prisoner Civil Rights Complaint filed by King Mwasi ; referred to Judge Drozd, signed by Magistrate Judge Jennifer L. Thurston on 12/13/16. Objections to F&R due (30-Day Deadline) (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 1:13-cv-00695-DAD-JLT (PC) KING MWASI, Plaintiff, v. CORCORAN STATE PRISON, et al., Defendants. FINDINGS AND RECOMMENDATION TO DISMISS DEFENDANT DR. MAHONEY FOR PLAINTIFF’S FAILURE TO COMPY WITH THE COURT’S ORDER AND TO PROSECUTE THIS ACTION (Doc. 68) 30-DAY DEADLINE On November 7, 2016, the Court ordered the plaintiff to show cause within 30 days why 18 Defendant Dr. Mahoney and all claims against him should not be dismissed due to Plaintiff’s 19 failure to submit service documents. (Doc. 68.) Despite the lapse of more than the allowed time, 20 Plaintiff has not filed any response to the Court’s order. Thus, the Court must conclude that the 21 plaintiff has decided not to proceed in this matter against Dr. Mahoney. Accordingly, the Court 22 recommends that Defendant Dr. Mahoney and all claims against him be dismissed with prejudice 23 for Plaintiff’s failure to comply with the Court’s order and to prosecute this action. 24 These Findings and Recommendations will be submitted to the United States District 25 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within 30 26 days after being served with these Findings and Recommendations, Plaintiff may file written 27 objections with the Court. The document should be captioned “Objections to Magistrate Judge’s 28 1 1 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 2 specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 3 839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 4 IT IS SO ORDERED. 5 6 Dated: December 13, 2016 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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