Herrera

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER ELLIOTT, No. 2:22-cv-1072 DAD AC P 12 Plaintiff, 13 v. ORDER 14 G. HERRERA, 15 Defendant. 16 17 By order filed February 19, 2025, the district judge adopted the Findings and 18 Recommendations of the undersigned in full, granting in part and denying in part defendant’s 19 motion to dismiss. ECF No. 42. Plaintiff’s Eighth Amendment claim was dismissed with leave 20 to amend, while his First Amendment claim was allowed to proceed. Id. at 2-3. Plaintiff was 21 given thirty days to file an amended complaint. Id. at 3. Thirty days passed, and plaintiff did not 22 file an amended complaint or otherwise respond to the court’s order. 23 On March 31, 2025, the court received notice that the February 19, 2025, order was 24 undeliverable and that they were unable to forward it to plaintiff. At that time, using the Inmate 25 Locator website operated by the California Department of Corrections and Rehabilitation 26 (“CDCR”) the court found plaintiff was…