Spearman
(PC) Rios v. Spearman
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ISRAEL RIOS, Case No. 1:19-cv-1009-ADA-HBK (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO
DISMISS CASE WITHOUT PREJUDICE FOR
v. FAILURE TO PROSECUTE AND COMPLY
WITH COURT ORDERS1
DR. CHINYERE NYENKE
FOURTEEN-DAY OBJECTION PERIOD
Defendant.
17 This matter comes before the Court upon periodic review. As more fully set forth below, the undersigned recommends this case be dismissed without prejudice due to Plaintiff’s failure to prosecute this action and timely comply with the Court’s orders. I. FACTS AND BACKGROUND Plaintiff Rios, a state prisoner, is proceeding pro se on his second amended civil rights complaint under 42 U.S.C. § 1983. (Doc. No. 26, “SAC”). Plaintiff’s SAC, filed on August 13, 2021, alleges Defendant Dr. Chinyere Nyenke was deliberately indifferent to Plaintiff’s medical conditions in violation of the Eighth Amendment. (Id.). On July 28, 2022, the undersigned…