(PC) Stribling v. Costa et al, No. 2:2017cv01243 - Document 15 (E.D. Cal. 2019)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 3/18/2019 ORDERING the Clerk to randomly assign a district judge to this action and RECOMMENDING this action be dismissed. Assigned and referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)

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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 AARON STRIBLING, 12 13 14 15 No. 2:17-cv-1243 DB P Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS COSTA, et al., Defendant. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights 18 action pursuant to 42 U.S.C. § 1983. Plaintiff claims defendants failed to provide him with 19 adequate mental health care treatment in violation of the Eighth Amendment. 20 By order dated November 26, 2018, plaintiff’s first amended complaint was dismissed and 21 thirty days leave to file an amended complaint was granted. (ECF No. 13.) Thereafter, plaintiff 22 failed to file an amended complaint. On January18, 2019, the court directed plaintiff to file an 23 amended complaint within fourteen days and warned him that failure to file an amended 24 complaint would result in a recommendation that this action be dismissed. (ECF No. 14) Those 25 fourteen days have now passed, and plaintiff has not filed an amended complaint or otherwise 26 responded to the court’s order. 27 28 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to randomly assign a district judge to this action. 1 1 2 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, plaintiff may file written objections 6 with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 8 failure to file objections within the specified time may waive the right to appeal the District 9 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 Dated: March 18, 2019 11 12 13 14 15 16 DLB:12 17 DLB1/Orders/Prisoner-CivilRights/strib1243.fsc 18 19 20 21 22 23 24 25 26 27 28 2

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