Berry

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

9 RAMSEY BERRY, 1:24-cv-00552-JLT-EPG 10 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS THIS ACTION WITHOUT v. PREJUDICE FOR FAILURE TO SINATRA, et al., PROSECUTE AND FAILURE TO COMPLY WITH COURT’S ORDERS Defendants.

OBJECTIONS, IF ANY, DUE WITHIN

DAYS

Plaintiff Ramsey Berry is proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff names as Defendants several officers with the Visalia Police Department.1 Plaintiff alleges that his Fourteenth Amendment right to substantive due process was violated after he was shot several times by his wife following Defendants’ failure to place an involuntary mental health hold on Plaintiff’s wife or to confiscate firearms from Plaintiff’s house. (ECF No. 2 at 26-33).2 Defendants have filed a motion for judgment on the pleadings and to dismiss Plaintiff’s First Amended Complaint. (ECF No. 7). However,…