Fry

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 OTIS MICHAEL THOMAS, No. 2:19-cv-1041 KJM CKD P Plaintiff, v. ORDER J.C. FRY, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. § 1983. On November 15, 2023, defendants Diaz and Macomber filed a motion seeking an order directing plaintiff to provide further responses to their requests for production and interrogatories. Because plaintiff did not file a response to the motion, on January 4, 2024, the court ordered him to do so and warned him that a failure to file a response would result in a recommendation that this action be dismissed. Plaintiff did not file a response. Instead, he filed and served further responses to the requests for discovery identified above. While it is clear plaintiff did not comply with the court’s order concerning his filing a response to defendants’ motion to compel, the failure does not warrant dismissal as plaintiff did 26 …