Gooch

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ALLEN HAMMLER, Case No. 1:19-CV-00653 JLT EPG (PC) Plaintiff, ORDER DISMISSING CASE FOR FAILURE

TO PROSECUTE

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