(PC) Ento v. State of California et al, No. 2:2018cv03191 - Document 7 (E.D. Cal. 2019)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 4/15/2019 ORDERING Clerk of Court to randomly assign a District Judge to this action and RECOMMENDING this action be dismissed for failure to prosecute. Assigned and referred to Judge Morrison C. England, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
Download PDF
<![CDATA[
(PC) Ento v. State of California et al Doc. 7 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTIAN DAVID ENTO, 12 13 14 15 No. 2:18-cv-3191 AC P Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS STATE OF CALIFORNIA, et al., Defendants. 16 17 Plaintiff, a county jail inmate proceeding pro se, has filed this civil rights action seeking 18 relief under 42 U.S.C. § 1983. The matter was referred to this court pursuant to 28 U.S.C. § 19 636(b)(1)(B) and Local Rule 302. For the reasons stated below, the court will recommend that 20 this action be dismissed for failure to prosecute. 21 On December 12, 2018, plaintiff filed the instant complaint along with a motion to 22 proceed in forma pauperis. ECF Nos. 1, 2. On December 17, 2018, after determining that 23 plaintiff’s application to proceed in forma pauperis was deficient, the court directed plaintiff to 24 submit the filing fee or a properly completed in forma pauperis application. See ECF No. 4. The 25 court also ordered plaintiff to submit a certified copy of his inmate trust account statement from 26 the six-month period immediately preceding the filing of his complaint. See id. 27 28 On January 3, 2019, the court’s order was returned marked undeliverable and not in custody. Approximately two months later, on March 7, 2019, plaintiff filed a request for copies 1 Dockets.Justia.com 1 of his entire case file. See ECF No. 5. In response, on March 11, 2019, he was informed by the 2 Clerk’s Office that copies could be sent to him at a charge of $0.50 per page. See id. On the 3 same day, plaintiff was mailed a copy of the court’s December 17, 2018 order directing him to 4 file proper in forma pauperis and trust account documents. 5 6 7 8 9 10 More than thirty days have passed, and plaintiff has yet to file the required documents as ordered by the court, nor has plaintiff requested an extension of time to do so. Accordingly, IT IS HEREBY ORDERED that the Clerk of Court randomly assign a District Court judge to this action. IT IS FURTHER RECOMMENDED that this action be dismissed for failure to prosecute. See Local Rule 183(b). 11 These findings and recommendations are submitted to the United States District Judge 12 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 13 after being served with these findings and recommendations, plaintiff may file written objections 14 with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 15 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 16 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 17 (9th Cir. 1991). 18 DATED: April 15, 2019 19 20 21 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.
