(PC) Kinkade v. Avenal State Prison

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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10 ROBERT WILLIAM KINKADE, Case No. 1:23-cv-00964-JLT-EPG (PC) 11 Plaintiff, FINDINGS AND 12 RECOMMENDATIONS TO DISMISS v. THIS ACTION WITHOUT PREJUDICE 13 FOR FAILURE TO PROSECUTE AND

AVENAL STATE PRISON, FAILURE TO COMPLY WITH

14 COURT’S ORDERS Defendant. 15 OBJECTIONS, IF ANY,

DUE WITHIN 30 DAYS

16 17 Plaintiff Robert Kinkade is proceeding pro se and in forma pauperis in this civil rights 18 action filed pursuant to 42 U.S.C. § 1983. For reasons stated below, the Court recommends that 19 this case be dismissed without prejudice for failure to prosecute. 20 I. BACKGROUND 21 Plaintiff filed the Complaint commencing this action on June 28, 2023. (ECF No. 1). 22 Plaintiff alleged that the water at Avenal State Prison is contaminated. The Court has screened 23 the complaint and on January 18, 2024, issued a screening order holding that Plaintiff failed to 24 state any cognizable claims. (ECF No. 10).…