Garcia

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JONATHAN BENNETT, No. 2:21-cv-1340 WBS CSK P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

U. GARCIA, et al.,1 Defendants. 16 Plaintiff is proceeding without counsel with this civil rights action filed pursuant to 42 U.S.C. § 1983. For the reasons stated herein, this Court recommends that this action be dismissed for plaintiff’s failure to prosecute. I. BACKGROUND Plaintiff commenced this action on July 29, 2021, and has amended his complaint twice. (ECF Nos. 1, 43, 70.) On January 6, 2023, the parties were informed that motions to dismiss shall be briefed pursuant to Local Rule 230(l), and failure to timely oppose such a motion may be deemed a waiver of opposition to the motion. (ECF No. 49 at 6.) The parties were also informed

Per plaintiff’s election (ECF No. 16), his due process and equal protection claims, and 26 defendant Warden Robert Burton were dismissed without prejudice on October 19, 2021.…