Sanborn

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KELVIN RAY ANDERSON, No. 2:21-cv-00561-KJM-EFB (PC) 12 Plaintiff, 13 v. ORDER 14 K.T. SANBORN, et al., 15 Defendants. 16 17 Plaintiff is a former state prisoner proceeding without counsel in an action brought 18 pursuant to 42 U.S.C. § 1983. Currently before the court are several motions filed by plaintiff 19 seeking appointment of counsel and a settlement conference (ECF Nos. 40, 42, and 49) and 20 defendants’ motions to compel (ECF No. 43) and for summary judgment (ECF No. 45). For the 21 reasons that follow, the court will deny plaintiff’s motions and recommend that the case be 22 dismissed due to plaintiff’s failure to prosecute the case. 23 I. Background 24 This action proceeds on plaintiff’s claim that defendants retaliated against him for his 25 statements to various prison staff and to ISU members in December 2018 and January 2019 26 regarding the theft of funds from charity food sales by prison staff. ECF Nos. 10, 29, 31. 27 Defendants’…