Diaz

(PC) Rodriguez v. Diaz

Good Law
United States District Court, Eastern District of CaliforniaMay 4, 20231:20-cv-01373California1,618 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 PEDRO RODRIGUEZ, Case No. 1:20-cv-01373-HBK (PC)

Plaintiff, ORDER TO ASSIGN A DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATIONS TO

RALPH DIAZ, Secretary of California DISMISS ACTION FOR FAILURE TO

PROSECUTE ACTION1

Department of Corrections, et al., 15 14-DAY DEADLINE Defendants.

Plaintiff Pedro Rodriguez is a former state prisoner2 proceeding pro se and in forma pauperis (Doc. Nos. 1, 5) in this civil rights action. For the reasons set forth below, the undersigned recommends the District Court dismiss this action without prejudice for Plaintiff’s failure to prosecute this action. BACKGROUND Plaintiff Rodriguez, a former state prisoner, is proceeding pro se on his initial civil rights complaint under 42 U.S.C. § 1983 alleging one claim against all six Defendants for violating Plaintiff’s rights under the Eighth Amendment for not preventing the spread of COVID-19 at Valley State Prison. (Doc. No. 1, “Complaint”). On March…

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