(PC) Vargas v. Warden CSP-Corcoran et al, No. 2:2019cv00892 - Document 13 (E.D. Cal. 2019)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 8/27/2019 ORDERING Clerk to assign a district judge to this case and RECOMMENDING this action be dismissed. Assigned and referred to Judge Morrison C. England, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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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 FRANCISCO JAVIER VARGAS, 12 Plaintiff, 13 14 No. 2:19-cv-0892 DB P v. ORDER AND FINDINGS AND RECOMMENDATIONS WARDEN CSP-CORCORAN, et al., 15 Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights 17 18 action pursuant to 42 U.S.C. § 1983. Upon screening plaintiff’s first amended complaint, this 19 court found plaintiff failed to state any potentially cognizable claims for relief. (June 13, 2019 20 Order (ECF No. 8).) This court advised plaintiff of the legal standards for the claims he appeared 21 to be attempting to allege and gave plaintiff thirty days to file a second amended complaint. On July 30, when plaintiff had not filed a second amended complaint or otherwise 22 23 responded to the court’s June 13 order, this court gave plaintiff twenty additional days to file a 24 second amended complaint. Plaintiff was warned that if he failed to file a timely second amended 25 complaint, this court would recommend this action be dismissed. Twenty days have passed and plaintiff has not filed anything in response to the court’s 26 27 June 13 and July 30 orders. Accordingly, this court recommends this action be dismissed for 28 //// 1 1 plaintiff’s failure to prosecute and failure to comply with court orders. See E.D. Cal. R. 110; Fed. 2 R. Civ. P. 41. 3 4 For the foregoing reasons, the Clerk of the Court is HEREBY ORDERED to assign a district judge to this case; and 5 IT IS RECOMMENDED that this action be dismissed. 6 These findings and recommendations will be submitted to the United States District Judge 7 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 8 after being served with these findings and recommendations, plaintiff may file written objections 9 with the court. The document should be captioned “Objections to Magistrate Judge's Findings 10 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 11 time may result in waiver of the right to appeal the district court’s order. Martinez v. Ylst, 951 12 F.2d 1153 (9th Cir. 1991). 13 Dated: August 27, 2019 14 15 16 17 18 DLB:9 DLB1/prisoner-civil rights/varg0892.fta fr 19 20 21 22 23 24 25 26 27 28 2
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