Gomez
(PC) Smith v. Gomez
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
10 MARCUS A. SMITH, Case No. 1:24-cv-00940-KES-EPG (PC) 11 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS THIS ACTION WITHOUT v. PREJUDICE FOR FAILURE TO
E. GOMEZ, et al., PROSECUTE AND FAILURE TO
COMPLY WITH COURT’S ORDERS Defendants. OBJECTIONS, IF ANY,
DUE WITHIN 30 DAYS
16 17 Plaintiff Marcus A. Smith is a state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. Plaintiff generally alleges that defendants 19 fabricated Rule Violation Reports (“RVRs”) regarding missing work, ignoring his medical conditions. (See generally ECF No. 9). 21 For reasons stated below, the Court recommends that this case be dismissed without prejudice for failure to prosecute and failure to comply with the Court’s orders. I. BACKGROUND On February 11, 2025, the Court screened Plaintiff’s First Amended Complaint and found that it failed to state any…