(PC) Hawes v. California Department of Health Services

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

TERRY RAY HAWES, No. 2:21-cv-0161 DB P

Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

CALIFORNIA DEPARTMENT OF

HEALTH SERVICES, et al.,

Defendants.

Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 19 U.S.C. § 1983. Plaintiff claims that his rights were violated in connection with a 2005 revocation of social security benefits. By order dated March 30, 2021 the complaint was screened and dismissed for failure to state a claim. (ECF No. 13.) Plaintiff was given thirty days leave to file an amended complaint and warned that failure to file an amended complaint would result in a recommendation that this action be dismissed. Those thirty days have passed, and plaintiff has not filed an amended complaint or sought additional time to file an amended complaint.1 Accordingly, the court will recommend that this action be dismissed without prejudice for failure to prosecute and failure to comply with court orders.

1 Plaintiff has filed a notice regarding equal protection under the law. (ECF No. 16.) For the reasons set forth above, the Clerk of the Court is ORDERED to randomly assign a district judge to this action.

IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).

These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within thirty days after being served with these findings and recommendations, plaintiff may file written objections with the court and serve a copy on all parties. Such a document should be captioned “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections within the specified time may waive the right to appeal the District Court’s order. Martinez v. Y1st, 951 F.2d 1153 (9th Cir. 1991).

Dated: May 17, 2021

ORAH BARNES

UNITED STATES MAGISTRATE JUDGE

DB:12

DB/DB Prisoner Inbox/Civil Rights/R/hawe0161.f&r.dism