Pohovich

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FREDERICK S. CATO, No. 2:23-cv-1903 CKD P 12 Plaintiff, 13 v. ORDER AND 14 S. POHOVICH, et al., FINDINGS AND RECOMMENDATIONS 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 18 U.S.C. § 1983. On November 13, 2024, defendants filed a motion to dismiss. On December 17, 19 2024, plaintiff was ordered to file an opposition or a statement of non-opposition to the pending 20 motion within thirty days. In the same order, plaintiff was informed that failure to file an 21 opposition would result in a recommendation that this action be dismissed pursuant to Fed. R. 22 Civ. P. 41(b). The thirty day period has now expired, and plaintiff has not responded to the 23 court’s order. 24 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district 25 court judge to this case. 26 IT IS HEREBY RECOMMENDED that this action be dismissed pursuant to Federal Rule 27 of Civil…