(PC) Easter v. Smith

Good Law
United States District Court, Eastern District of CaliforniaMarch 9, 20231:21-cv-01227California492 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DERRYL RAY EASTER, Case No.: 1:21-cv-1227 JLT CDB (PC) Plaintiff,

ORDER ADOPTING FINDINGS AND

v. RECOMMENDATIONS TO DISMISS THIS

ACTION FOR PLAINTIFF’S FAILURE TO

S. SMITH, et al., OBEY COURT ORDERS AND FAILURE TO

PROSECUTE

Defendants. (Doc. 16) 16 Derryl Ray Easter seeks to hold the defendants liable for violations of his civil rights pursuant to 42 U.S.C. § 1983. The magistrate judge reviewed the First Amended Complaint and determined Plaintiff failed “to link or causally connect any specific Defendant with any action.” (Doc. 14 at 6.) Thus, Plaintiff “failed to allege an Eighth Amendment claim against any named Defendant.” (Id.) The Court directed Plaintiff to either file a second amended complaint or file a notice of voluntary dismissal within 21 days of the date of service, which occurred on January 11, 2023. (Id.) Further, the magistrate judge advised Plaintiff that if he failed to comply with the order,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.