Gooch

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ALLEN HAMMLER, Case No. 1:19-CV-00653 JLT EPG (PC) 12 Plaintiff, ORDER DISMISSING CASE FOR FAILURE

TO PROSECUTE

13 v. 14 K.GOOCH, et al., 15 Defendant. 16 17 Allen Hammler is a state prisoner proceeding pro se and in forma pauperis in this civil 18 rights action pursuant to 42 U.S.C. 1983. (See Doc. 14.) Because Plaintiff has failed to prosecute 19 the action by refusing to be transported to attend trial, this case is DISMISSED with prejudice. 20 I. Relevant Background 21 This case was proceeding on Plaintiff’s Eighth Amendment claims against Defendants 22 Gooch, Salcedo, and Burnes, stemming from Defendants’ alleged inaction in responding to 23 (1)the risk a fire at California State Penitentiary, Corcoran posed to Mr. Hammler’s safety and 24 (2)his resulting medical needs. (Docs. 14, 23, 97, 124.) 25 During the pre-trial conference, Mr. Hammler indicated he would not be presenting any 26 evidence at trial. (Doc. 124.)1 Given this indication, the Court issued an…