Torcedo

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FELIPE POLANCO DIAZ, No. 2:21-cv-0916 DC CSK P Plaintiff, v. FINDINGS & RECOMMENDATIONS MARIA TORCEDO, Defendant. 16 Plaintiff is a state prisoner proceeding without counsel with a civil rights action pursuant to 42 U.S.C. § 1983. Defendant’s motion for summary judgment is before the Court. Despite multiple extensions of time, plaintiff has not filed an opposition. As discussed below, the Court recommends that this action be dismissed without prejudice based on plaintiff’s failure to prosecute. I. BACKGROUND This action proceeds on plaintiff’s second amended complaint naming Maria Torcedo as the sole defendant. (ECF No. 24.) Plaintiff alleges that on December 21, 2020, while he was incarcerated at California State Prison, Sacramento (“CSP-SAC”), defendant Torcedo, a Certified Nurse Assistant (“CNA”), retaliated against plaintiff in violation of the First Amendment by issuing a rules violation report against…