-GGH (PC) Williams v. Bal, No. 2:2010cv01697 - Document 16 (E.D. Cal. 2011)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 2/10/11 ORDERING pltf's motion to disqualify 15 is DENIED; a district judge is to be assigned to this case; IT IS RECOMMENDED that this case be dismissed without prejudice for failing to follow court orders and failing to exhaust administrative remedies. (Carlos, K)

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-GGH (PC) Williams v. Bal Doc. 16 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LONNIE WILLIAMS, 11 12 13 14 15 Plaintiff, No. CIV S-10-1697 GGH P vs. CHIEF MEDICAL OFFICER BAL, Defendant. ORDER & FINDINGS AND RECOMMENDATIONS / 16 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant 17 to 42 U.S.C. § 1983. Plaintiff states that on June 27, 2010, he did not receive medication for his 18 gender dysphoria disorder and HIV. Plaintiff sent his complaint to the court two days later on 19 June 29, 2010, and admits that he did not exhaust his administrative remedies. It is also unclear 20 if plaintiff’s medication is still being withheld or if it was just that one day. 21 On November 12, 2010, the court ordered plaintiff to show cause within 14 days 22 why this case should not be dismissed for failure to exhaust administrative remedies. On 23 December 1, 2010, the court granted plaintiff a 30 day extension to reply to the order to show 24 cause. Rather than respond to the order to show cause, on December 16, 2010, plaintiff filed a 25 motion to disqualify the undersigned and reconsider the order to show cause. The undersigned 26 denied the motion and reminded plaintiff that he still must respond to the order to show cause. 1 Dockets.Justia.com 1 Plaintiff has still not responded to the order to show cause but on January 6, 2011, 2 filed another motion to disqualify the undersigned. That motion is denied as frivolous, and it is 3 recommended that this case be dismissed without prejudice for failure to follow court orders and 4 failing to exhaust administrative remedies. 5 In accordance with the above, IT IS HEREBY ORDERED that: 6 1. Plaintiff’s motion (Doc. 15) is denied; 7 2. A district judge be assigned to this case. 8 IT IS HEREBY RECOMMENDED that this case be dismissed without prejudice 9 10 for failing to follow court orders and failing to exhaust administrative remedies. DATED: February 10, 2011 /s/ Gregory G. Hollows 11 GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE 12 13 GGH:ab will1697.ord2 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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