Espitia

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 QUINN D. STERLING, Case No. 1:22-cv-01097-HBK (PC) Plaintiff, ORDER TO ASSIGN A DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATIONS TO

D. ESPITIA,

DISMISS ACTION WITHOUT PREJUDICE1

Defendant. 14-DAY DEADLINE

17 Plaintiff Quinn D. Sterling is a state prisoner proceeding pro se and in forma pauperis in this civil rights action. For the reasons set forth below, the undersigned recommends that the District Court dismiss this action without prejudice for Plaintiff’s failure to comply with a court order and prosecute this action. BACKGROUND Plaintiff initiated this action by filing a rights complaint under 42 U.S.C. § 1983 stemming from events that occurred at Wasco State Prison. (Doc. No. 1). The complaint alleged Eighth and Fourth Amendment claims in connection with Defendant’s disparaging remarks about the size of Plaintiff’s genitalia during an unclothed body cavity search. (Id. at 5-6). …