Mata
(PC) Luevano v. Mata
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DANIEL DAVID LUEVANO, Case No. 1:23-cv-01749-BAM (PC) Plaintiff, ORDER TO DISMISS ACTION, WITHOUT
PREJUDICE, FOR FAILURE TO OBEY
v. COURT ORDER AND FAILURE TO
PROSECUTE
MATA, et al., (ECF No. 30) Defendants.
16 I. Background Plaintiff Daniel David Luevano (“Plaintiff”) is a former state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds against Defendants Mota1 and Navarro (“Defendants”) for their delayed response to the attack once it began on Plaintiff, in violation of the Eighth Amendment. All parties have consented to United States Magistrate Judge jurisdiction. (ECF No. 28.) On February 25, 2025, Defendants filed a motion to revoke Plaintiff’s in forma pauperis status on the ground that Plaintiff was granted in forma pauperis status under 28 U.S.C. § 1915(b)(1)’s prisoner provision, but Plaintiff is no longer a prisoner. (ECF No.…