(PC) Trujillo v. Nofsinger, No. 2:2016cv01456 - Document 12 (E.D. Cal. 2018)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 11/26/18 DIRECTING the clerk to randomly assign a district judge. District Judge Troy L. Nunley added. It is further RECOMMENDED that this action be dismissed without prejudice. Referred to Judge Troy L. Nunley. Objections due within 14 days of being served with these findings and recommendations. New Case Number: 2:16-cv-1456-TLN-DB (PC). (Coll, A)
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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 SKYLER TRUJILLO, 12 13 14 No. 2:16-cv-1456 DB P Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS NOFSINGER, 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 18 U.S.C. § 1983. Plaintiff alleges defendants violated his rights under the Eighth Amendment by 19 assaulting him, failing to provide him proper medical treatment for his injuries, and denying him 20 due process. 21 By order dated September 25, 2018, the court screened and dismissed plaintiff’s 22 complaint. (ECF No. 10.) Plaintiff was directed to file an amended complaint within thirty days 23 and warned that failure to do so would result in a recommendation that this action be dismissed. 24 Thereafter, plaintiff did not file an amended complaint. 25 By order dated October 25, 2018, plaintiff was ordered to dismiss this action or file an 26 amended complaint within fourteen days. (ECF No. 11.) Plaintiff was again warned that failure 27 to comply with the court’s order may result in a recommendation that this action be dismissed. 28 Those fourteen days have now passed and plaintiff has not filed an amended complaint, notified 1 1 2 3 4 5 the court he wishes to dismiss this action, or otherwise responded to the court’s order. The Clerk of the Court is HEREBY ORDERED to randomly assign this action to a United States District Judge. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 6 These findings and recommendations are submitted to the United States District Judge 7 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 8 after being served with these findings and recommendations, plaintiff may file written objections 9 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 10 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 11 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 12 (9th Cir. 1991). 13 Dated: November 26, 2018 14 15 16 17 18 19 DLB:12 DB/prisoner-civil rights/truj1456.fsc 20 21 22 23 24 25 26 27 28 2