Eaton

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ERNEST E. CLARK, IV, Case No. 1:20-cv-00874-BAM (PC) 12 Plaintiff, ORDER DIRECTING CLERK OF COURT TO

RANDOMLY ASSIGN DISTRICT JUDGE TO

13 v. ACTION 14 EATON, et al., FINDINGS AND RECOMMENDATIONS TO

DISMISS ACTION, WITHOUT PREJUDICE,

15 Defendants. FOR FAILURE TO OBEY A COURT ORDER

AND FAILURE TO PROSECUTE

16 (ECF No. 11) 17

FOURTEEN (14) DAY DEADLINE

18 19 I. Background 20 Plaintiff Eugene Winters (“Plaintiff”) is a state prisoner proceeding pro se and in forma 21 pauperis in this civil rights action under 42 U.S.C. § 1983. This matter was referred to a United 22 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 23 On August 13, 2020, the Court screened the complaint and found that Plaintiff stated a 24 cognizable conditions of confinement claim against Defendants Eaton, Gates, and Doe 2, but 25 failed to state any other cognizable claims for relief. (ECF No. 11.) The Court ordered Plaintiff 26 …