(PC) Crisp v. Duffy et al, No. 2:2016cv00288 - Document 23 (E.D. Cal. 2018)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 3/19/18 ORDERING the clerk of the court randomly assign a district judge to this case. Also, RECOMMENDING that this case be dismissed for plaintiff's failure to prosecute. Assigned and referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 OBIE L. CRISP, III, 12 Plaintiff, 13 14 No. 2:16-cv-0288 DB P v. ORDER AND FINDINGS AND RECOMMENDATIONS BRIAN DUFFY, et al., 15 Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights 17 18 action pursuant to 42 U.S.C. § 1983. In an order filed February 6, 2018, plaintiff’s second 19 amended complaint was dismissed and plaintiff was given thirty days to file a third amended 20 complaint. (ECF No. 22.) Plaintiff was warned that his failure to comply with the court’s order 21 would result in a recommendation that this action be dismissed. (Id. at 7.) Thirty days have passed and plaintiff has not filed a third amended complaint or otherwise 22 23 responded to the court’s February 6 order. Accordingly, the Clerk of the Court is HEREBY ORDERED to randomly assign a district 24 25 judge to this case; and IT IS RECOMMENDED that this case be dismissed for plaintiff’s failure to prosecute. 26 27 See E.D. Cal. R. 110; Fed. R. Civ. P. 41. 28 //// 1 1 These findings and recommendations will be submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 3 after being served with these findings and recommendations, plaintiff may file written objections 4 with the court. The document should be captioned “Objections to Magistrate Judge's Findings 5 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 6 time may result in waiver of the right to appeal the district court’s order. Martinez v. Ylst, 951 7 F.2d 1153 (9th Cir. 1991). 8 Dated: March 19, 2018 9 10 11 12 13 14 15 16 17 DLB:9 DLB1/prisoner-civil rights/cris0288.fta fr 18 19 20 21 22 23 24 25 26 27 28 2

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