(PC) Kinkade v. Avenal State Prison
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
10 ROBERT WILLIAM KINKADE, Case No. 1:23-cv-00964-JLT-EPG (PC) 11 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS v. THIS ACTION WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE AND
AVENAL STATE PRISON, FAILURE TO COMPLY WITH
COURT’S ORDERS Defendant. OBJECTIONS, IF ANY,
DUE WITHIN 30 DAYS
16 Plaintiff Robert Kinkade is proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. For reasons stated below, the Court recommends that this case be dismissed without prejudice for failure to prosecute. I. BACKGROUND Plaintiff filed the Complaint commencing this action on June 28, 2023. (ECF No. 1). Plaintiff alleged that the water at Avenal State Prison is contaminated. The Court has screened the complaint and on January 18, 2024, issued a screening order holding that Plaintiff failed to state any cognizable claims. (ECF No. 10).…