Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARIUS DE’MON LAKE, No. 2:23-cv-1311 DJC AC P Plaintiff, v. FINDINGS AND RECOMMENDATIONS PATRICK COVELLO, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On June 11, 2024, defendants filed a motion for judgment on the pleadings. ECF No. 35. After failing to respond, plaintiff was ordered to file an opposition or a statement of non- opposition to the pending motion within twenty-one days. ECF No. 39. In the same order, plaintiff was informed that failure to file an opposition would result in a recommendation that this action be dismissed without prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). Id. The twenty-one-day period has now expired, and plaintiff has not filed a response to the motion for judgment on the pleadings or otherwise responded to the court’s order. In recommending this action be…