(PC) Canada v. Heikel et al, No. 2:2017cv01235 - Document 18 (E.D. Cal. 2018)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 12/18/18 DIRECTING the clerk to randomly assign a district judge. District Judge Morrison C. England, Jr added. It is further RECOMMENDED that this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr. Objections due within 14 days after being served with these findings and recommendations. New Case Number: 2:17-cv-1235-MCE-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 RONALD LEE CANADA, 12 Plaintiff, 13 v. 14 HEIKEL, et al., 15 No. 2:17-cv-1235 DB P ORDER AND FINDINGS AND RECOMMENDATIONS Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. § 18 1983. Plaintiff alleges defendants refused to provide him with medical care in violation of his 19 Eighth Amendment rights and retaliated against him in violation of his First Amendment rights. 20 Plaintiff has consented to Magistrate Judge jurisdiction over this action pursuant to 28 U.S.C. § 21 636(c). (ECF No. 12.) 22 By order dated October 3, 2018, the court screened and dismissed the complaint for 23 failure to state a claim. (ECF No. 14.) Plaintiff was directed to file an amended complaint within 24 thirty days and warned that failure to file an amended complaint could result in dismissal. 25 Thereafter, plaintiff did not file an amended complaint. 26 By order dated November 26, 2018, plaintiff was ordered to dismiss this action or file an 27 amended complaint within fourteen days. (ECF No. 17.) Plaintiff was again warned that failure 28 to comply with the court’s order may result in a recommendation that this action be dismissed. 1 1 Those fourteen days have passed and plaintiff has not filed an amended complaint, notified the 2 court he wishes to dismiss this action, or otherwise responded to the court’s order. 3 4 5 6 7 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall randomly assign a district judge to this action. 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 8 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 9 after being served with these findings and recommendations, plaintiff may file written objections 10 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 11 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 12 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 13 (9th Cir. 1991). 14 Dated: December 18, 2018 15 16 17 18 DLB: 12 DLB1/prisoner-civil rights/cana1235.fsc 19 20 21 22 23 24 25 26 27 28 2