Shute

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARCELL JONES, No. 2:22-cv-1384-DJC-SCR-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS MICHELLE SHUTE, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. § 1983. The operative pleading is plaintiff’s first amended complaint, which alleges defendants were deliberately indifferent to his serious medical needs in violation of the Eighth Amendment when they failed to provide timely treatment for a back condition. ECF No. 11 (screening order). Defendants’ third motion to compel discovery responses from plaintiff, which also requests dismissal sanctions, is currently pending. ECF No. 41. For the reasons discussed below, the undersigned recommends granting the motion and dismissing this action. I. Factual and Procedural History Discovery opened in this case on May 5, 2023, when the court issued its original Discovery and Scheduling…