DiTomas

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID WESLEY BIRRELL, No. 2:22-cv-01528-KJM-EFB (PC) Plaintiff, v. FINDINGS AND RECOMMENDATIONS MICHELE DiTOMAS, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983 alleging an Eighth Amendment claim for deliberate indifference to serious medical needs. On May 10, 2024, defendants filed a motion for summary judgment. On June 13, 2024, the court granted plaintiff’s request for an extension of time until August 10, 2024 to file an opposition to the motion. But rather than filing an opposition, plaintiff sought another extension. The court granted that request and allowed plaintiff until September 16, 2024 to oppose summary judgment. But, again, plaintiff failed to file an opposition and instead, on September 4, 2024, filed a motion to appoint counsel. On January 27, 2025, the court denied without prejudice plaintiff’s motion to appoint counsel but…