Sergent

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHRISTIAN D. GATES, No. 2:22-cv-1576 DAD CSK P Plaintiff, v. ORDER S. SERGENT, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. For the following reasons, the findings and recommendations filed November 4, 2024 (ECF No. 47) are vacated, and plaintiff’s motion for a ninety-day extension of time to file an opposition to defendants’ summary judgment motion (ECF No. 48) is granted in part. I. BACKGROUND Defendants filed a summary judgment motion on August 27, 2024. (ECF No. 44.) Plaintiff failed to file an opposition. On September 25, 2024, this Court granted plaintiff thirty days to file an opposition. (ECF No. 46.) Thirty days passed and plaintiff did not file an opposition. Accordingly, on November 4, 2024, this Court recommended that this action be dismissed without prejudice based on plaintiff’s failure to prosecute. …