Wheeler

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEFFREY DICKERSON, No. 2:24-cv-0895-SCR Plaintiff, v. ORDER AND B. WHEELER, FINDINGS AND RECOMMENDATIONS Defendant. 16 By order filed December 3, 2024, plaintiff’s first amended complaint was screened and plaintiff was ordered to return the notice of election form within thirty days indicating whether he wanted to proceed on his cognizable ADA claim or whether he wanted to file a second amended complaint. ECF No. 18. Plaintiff was granted an extension of time. The time period for plaintiff’s response has now expired, and plaintiff has not filed the notice of election or otherwise responded to the court’s order. The Court’s December 3 order warned “that [plaintiff’s] failure to comply with this order will result in a recommendation that this action be dismissed.” ECF No. 18 at 9. Although it appears from the file that plaintiff’s copy of the order was returned, plaintiff was properly served. …