Franco

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DAVID NATHANIEL ROBERTS, Case No. 1:20-cv-00851-HBK (PC)

Plaintiff,

ORDER DIRECTING CLERK TO ASSIGN

v. ACTION TO DISTRICT JUDGE

FRANCO, HUCKLEBERRY,

FINDINGS AND RECOMMENDATIONS TO

Defendants. DISMISS ACTION FOR FAILURE TO

PROSECUTE1

16 14-DAY DEADLINE

Plaintiff David Roberts is a state prisoner proceeding pro se in this civil rights action.2 For the reasons set forth below, the undersigned recommends the District Court dismiss this action without prejudice for Plaintiff’s failure to comply with a court order and prosecute this action. 22 1 This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 (E.D. Cal. 2022). 2 Upon review of the docket, it does not appear that Plaintiff was ever granted in forma pauperis status, 24 although no motion appears to be pending on the docket. (See Doc. Nos. 2,7, 15). Nonetheless, it appears that Plaintiff would have been a three-striker at the time he filed…