(PC) Rutledge v. Growden et al, No. 2:2018cv01892 - Document 7 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 12/3/2018 RECOMMENDING this action be dismissed without prejudice for plaintiff's failure to comply with court orders. 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 TRAVIS RUTLEDGE, 12 Plaintiff, 13 14 No. 2:18-cv-1892 MCE DB P v. FINDINGS AND RECOMMENDATIONS DEAN GROWDEN, et al., 15 Defendants. 16 Plaintiff is proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. In an 17 18 order filed October 26, 2018, the court found plaintiff may no longer be incarcerated. The court 19 ordered plaintiff to either (1) file a new motion to proceed in forma pauperis if he is no longer 20 incarcerated; or (2) file a statement that he remains incarcerated. Plaintiff was provided thirty 21 days to file one of those documents. He was advised that if he failed to do so, this court would 22 recommend dismissal of this action. The thirty days have passed and plaintiff has filed nothing in response to the court’s 23 24 October 26, 2018 order. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 25 26 prejudice for plaintiff’s failure to comply with court orders. See E.D. Cal. R. 110; Fed. R. Civ. P. 27 41. 28 //// 1 1 These findings and recommendations will be submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 3 after being served with these findings and recommendations, plaintiff may file written objections 4 with the court. The document should be captioned “Objections to Magistrate Judge's Findings 5 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 6 time may result in waiver of the right to appeal the district court’s order. Martinez v. Ylst, 951 7 F.2d 1153 (9th Cir. 1991). 8 Dated: December 3, 2018 9 10 11 12 13 14 15 DLB:9 DLB1/prisoner-civil rights/rutl1892.fta fr 16 17 18 19 20 21 22 23 24 25 26 27 28 2