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, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. AND DISMISSING THIS ACTION
E. GOMEZ, et al., WITHOUT PREJUDICE FOR FAILURE
TO PROSECUTE AND FAILURE TO Defendants. OBEY THE COURT’S ORDERS
Doc. 12 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. 19 On February 11, 2025, the assigned magistrate judge issued a screening order finding that plaintiff’s first amended complaint did not contain any cognizable claims and ordering 21 plaintiff to either file a second amended complaint or file a notice of his intention to stand on his first amended complaint. Doc. 11 at 8. Plaintiff did not do either or otherwise 23 communicate with the Court. See Docket. Accordingly, on March 28, 2025, the assigned 24 magistrate judge issued findings and recommendations recommending that this…