Escandone
(PC) Smith v. Escandone
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MELTON SMITH, Case No. 1:22-cv-01491-HBK (PC) Plaintiff, ORDER TO ASSIGN A DISTRICT JUDGE v. FINDINGS AND RECOMMENDATIONS TO
DISMISS CASE WITHOUT PREJUDICE FOR
ESCANDONE, FISHER, DEGROOT, FAILURE TO PROSECUTE1
HEMINGWAY,
FOURTEEN-DAY OBJECTION PERIOD Defendants. 16 17 This matter comes before the Court upon periodic review. As more fully set forth below, the undersigned recommends the district court dismiss this case without prejudice due to Plaintiff’s failure to prosecute this action. FACTS AND BACKGROUND Plaintiff, Melton Smith, commenced this action by filing a pro se civil rights complaint under 42 U.S.C. § 1983 on November 18, 2022 while detained at the LERDO Pretrial Facility. (Doc. No. 1). Plaintiff concurrently moved to proceed in forma pauperis under 28 U.S.C. §1915. (Doc. No. 2, IFP motion). However, Plaintiff’s IFP motion was deficient and did not…