(PC) Hill v. Kelly et al, No. 2:2017cv01600 - Document 12 (E.D. Cal. 2018)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 08/22/18 ORDERING the Clerk shall randomly assign a United States District Judge to this case. Also, RECOMMENDING that this action be dismissed without prejudice. Assigned and referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)

Download PDF
(PC) Hill v. Kelly et al Doc. 12 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CYMEYON HILL, 12 Plaintiff, 13 v. 14 F. KELLY, et al., 15 No. 2:17-cv-1600-EFB P ORDER AND FINDINGS AND RECOMMENDATIONS Defendants. 16 17 Plaintiff is civilly committed and in the custody of the California Department of 18 Corrections and Rehabilitation. He proceeds without counsel in an action purportedly brought 19 under 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant 20 to 28 U.S.C. § 636(b)(1). 21 On July 10, 2018, the court screened plaintiff’s complaint and a “supplemental” complaint 22 pursuant to 28 U.S.C. § 1915A. ECF No. 10. The court dismissed the complaint, explained the 23 deficiencies therein and granted plaintiff thirty days in which file an amended complaint to cure 24 the deficiencies. Id. The order warned plaintiff that failure to comply would result in a 25 recommendation that this action be dismissed. The time for acting has passed and plaintiff has 26 not filed an amended complaint. 27 28 A party’s failure to comply with any order or with the Local Rules “may be grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or within the 1 Dockets.Justia.com 1 inherent power of the Court.” E.D. Cal. L.R. 110. The court may dismiss an action with or 2 without prejudice, as appropriate, if a party disobeys an order or the Local Rules. See Ferdik v. 3 Bonzelet, 963 F.2d 1258, 1263 (9th Cir. 1992) (district court did not abuse discretion in 4 dismissing pro se plaintiff’s complaint for failing to obey an order to re-file an amended 5 complaint to comply with Federal Rules of Civil Procedure); Carey v. King, 856 F.2d 1439, 6 1440-41 (9th Cir. 1988) (dismissal for pro se plaintiff’s failure to comply with local rule 7 regarding notice of change of address affirmed). 8 9 10 11 Accordingly, it is hereby ORDERED that the Clerk shall randomly assign a United States District Judge to this case. Further, it is RECOMMENDED that this action be DISMISSED without prejudice. Fed. R. Civ. P. 41(b); E. D. Cal. L.R. 110. 12 These findings and recommendations are submitted to the United States District Judge 13 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 14 after being served with these findings and recommendations, any party may file written 15 objections with the court and serve a copy on all parties. Such a document should be captioned 16 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 17 objections shall be served and filed within fourteen days after service of the objections. The 18 parties are advised that failure to file objections within the specified time may waive the right to 19 appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 20 v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 21 Dated: August 22, 2018. 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.