(PC) Beaton v. California Medical Facility, No. 2:2016cv02446 - Document 11 (E.D. Cal. 2018)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 03/20/18 ORDERING the clerk of the court shall randomly assign a District Judge to this action. Also, RECOMMENDING that this action be dismissed without prejudice. Assigned and referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
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(PC) Beaton v. California Medical Facility Doc. 11 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 PAUL NIVARD BEATON, Plaintiff, 13 14 15 v. No. 2:16-cv-2446 DB P ORDER AND FINDINGS AND RECOMMENDATIONS CALIFORNIA MEDICAL FACILITY, Defendant. 16 Plaintiff is a state prisoner, proceeding pro se and in forma pauperis with an action filed 17 18 pursuant to 42 U.S.C. § 1983 and the Americans with Disabilities Act, alleging claims arising 19 from his medical treatment at California Medical Facility. (ECF No. 1.) On September 27, 2017 the court screened plaintiff’s complaint, found he failed to state a 20 21 claim, and gave him leave to amend. (ECF No. 7.) Plaintiff was directed to file an amended 22 complaint within thirty days and was warned that failure to file an amended complaint would 23 result in a recommendation that this action be dismissed. On February 9, 2018 the court ordered 24 plaintiff to dismiss this action or file an amended complaint within fourteen days. Those fourteen 25 days have passed and plaintiff has failed to file an amended complaint or otherwise comply with 26 the court’s orders. Accordingly, the court will direct the clerk of the court to assign a district 27 judge and recommend that this action be dismissed for failure to comply with a court order. 28 //// 1 Dockets.Justia.com 1 2 3 4 5 IT IS HEREBY ORDERED that the Clerk of the Court shall randomly assign this action to a district judge. IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the United States District Judge 6 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 7 after being served with these findings and recommendations, plaintiff may file written objections 8 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 9 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 10 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 11 (9th Cir. 1991). 12 Dated: March 20, 2018 13 14 15 16 17 DLB:12 DLB1/ORDERS/PRISONER.CIVIL.RIGHTS/beat.2446.rec.dism 18 19 20 21 22 23 24 25 26 27 28 2
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