(PC) Ashby v. Bosenko et al, No. 2:2020cv00544 - Document 17 (E.D. Cal. 2020)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 12/6/2020 ORDERING Clerk to randomly assign a district judge to this action and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge John A. Mendez. 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 AARON W. ASHBY, 12 13 14 No. 2:20-cv-0544 DB P Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS TOM BOSENKO, et al., 15 Defendants. 16 17 Plaintiff is a state inmate proceeding pro se with a civil rights action pursuant to 42 U.S.C. 18 § 1983. Plaintiff claims his rights were violated when he was directed to clean a cell without 19 being provided adequate safety equipment. By order dated August 28, 2020, the court screened 20 the complaint and determined it did not contain any cognizable claims. (ECF No. 13.) Plaintiff 21 was given sixty days leave to file an amended complaint and warned that failure to file an 22 amended complaint would result in a recommendation that this action be dismissed. Those sixty 23 days have passed, and plaintiff has not filed an amended complaint, requested additional time to 24 file an amended complaint, or otherwise responded to the court’s order. Accordingly, the court 25 will recommend that this action be dismissed for failure to prosecute and failure to comply with 26 court orders. 27 28 For the reasons state above, the Clerk of the Court is ORDERED 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: December 6, 2020 11 12 13 14 15 16 17 18 19 20 21 DB:12 DB:1/Orders/Prisoner/Civil.Rights/ashb0544.f&r.dism 22 23 24 25 26 27 28 2
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