Russell
Daryl Anthony Hicks v. Russell
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARYL ANTHONY HICKS, Case No. 2:22-cv-0095-DJC-JDP (PC) Plaintiff, v. FINDINGS AND RECOMMENDATIONS RUSSELL, Defendant. 16 Plaintiff, who is incarcerated and proceeding without counsel, has filed a motion for reconsideration of the court’s August 25, 2025 order closing this action for his failure to prosecute and failure to comply with court orders. ECF No. 60. In January 2022, plaintiff filed this action against defendant Russell, a correctional officer, alleging that defendant violated plaintiff’s First and Eighth Amendment rights. ECF No. 1. On April 7, 2025, defendant moved for summary judgment. ECF No. 55. In response, plaintiff filed a motion asking for a trial date and appointment of counsel. ECF No. 56. I denied plaintiff’s requests and reminded him that his opposition to defendant’s motion was due twenty-one days from April 7. ECF No. 57. Plaintiff did not file an opposition to defendant’s motion, so, on…