(PC)Thomas

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RICKY L. THOMAS, Case No. 1:23-cv-00470-JLT-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

RECOMMENDING DISMISSAL OF

v.

ACTION, WITHOUT PREJUDICE, FOR

SHIRLEY, et al., FAILURE TO PROSECUTE AND FAILURE

TO OBEY COURT ORDER

Defendants. (ECF Nos. 41, 47)

FOURTEEN (14) DAY DEADLINE

17 18 Plaintiff Ricky L. Thomas (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s first amended complaint against Defendant DeGough (“Defendant”) for deliberate indifference in violation of the Eighth Amendment. For the reasons that follow, the Court recommends that this action be dismissed, without prejudice. I. Background On October 25, 2024, Defendant filed a motion for summary judgment on the ground that Plaintiff failed to exhaust his administrative remedies. (ECF No. 41.) Together with the motion, 28 …