(PC) Gilbert v. Perez et al, No. 2:2022cv02160 - Document 7 (E.D. Cal. 2023)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 6/2/2023 ORDERING the Clerk of the Court to randomly assign a US District Judge and RECOMMENDING that this action be dismissed without prejudice. Senior Judge Willia m B. Shubb and Magistrate Judge Deborah Barnes assigned for all further proceedings. Referred to Senior Judge William B. Shubb. Objections due within 20 days after being served with these findings and recommendations. New Case Number: 2:22-cv-2160-WBS-DB (PC). (Huang, H)
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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 CHARLES TRAYZON GILBERT, 12 No. 2:22-cv-2160 DB P Plaintiff, 13 v. 14 W. PEREZ, et al., 15 ORDER AND FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 17 18 U.S.C. § 1983. Plaintiff claims that he was falsely found guilty of a rules violation in retaliation 19 for exercising his first amendment rights. By order dated March 29, 2023, the court screened and dismissed the complaint for failure 20 21 to state a claim. (ECF No. 4.) Plaintiff was granted thirty days leave to file an amended 22 complaint and advised that failure to file an amended complaint would result in a 23 recommendation that this action be dismissed. (Id. at 12.) Those thirty days have passed, and 24 plaintiff has not filed an amended complaint, sought additional time to file an amended 25 complaint, or otherwise responded to the court’s order. Accordingly, the undersigned will 26 recommend that this action be dismissed for failure to prosecute and failure to comply with court 27 orders. 28 //// 1 1 2 3 4 For the foregoing reasons, the Clerk of the Court is ORDERED to randomly assign this action to a United States District Judge. IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 5 These findings and recommendations are submitted to the United States District Judge 6 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within twenty days 7 after being served with these findings and recommendations, plaintiff may file written objections 8 with the court and serve a copy on all parties. Such a document should be captioned “Objections 9 to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 10 objections within the specified time may waive the right to appeal the District Court’s order. 11 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 12 Dated: June 2, 2023 13 14 15 16 17 18 19 20 DB:12 DB/DB Prisoner Inbox/Civil Rights/R/gilb2160.fta.f&r 21 22 23 24 25 26 27 28 2
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