Herrera
(PC) Elliott v. Herrera
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER ELLIOTT, No. 2:22-cv-1072 DAD AC P Plaintiff, v. ORDER G. HERRERA, Defendant. 16 By order filed February 19, 2025, the district judge adopted the undersigned findings and recommendations in full, granting in part and denying in part defendant’s motion to dismiss. ECF No. 42. Plaintiff’s Eighth Amendment claim was dismissed with leave to amend, while his First Amendment claim was allowed to proceed. Id. at 2-3. Plaintiff was given thirty days to file an amended complaint. Id. at 3. Thirty days have now passed, and plaintiff has not filed an amended complaint or otherwise responded to the court’s order. On March 31, 2025, the court received notice that the February 19, 2025, order was undeliverable and that the prison was unable to forward it to plaintiff. The Inmate Locator website operated by the California Department of Corrections and Rehabilitation (“CDCR”) indicates that plaintiff is currently…