Manning

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID FUENTES, No. 2:23-0386 CSK P Plaintiff, v.

ORDER AND FINDINGS AND

MR. MANNING, et al.,

RECOMMENDATIONS

Defendants. 16 Plaintiff is a former state prisoner proceeding pro se. Defendants filed a motion to dismiss this action based on plaintiff’s failure to adequately respond to discovery requests and failure to comply with the Court’s order. (ECF No. 43.) I. BACKGROUND This action was filed on February 28, 2023 while plaintiff was in state custody, and proceeds on plaintiff’s second amended complaint alleging that defendants Mr. Manning and Ms. Kissel failed to protect plaintiff from harm in violation of the Eighth Amendment. (ECF No. 15.) On June 11, 2024, the Court issued the Discovery and Scheduling Order, setting the discovery deadline for October 11, 2024, and the pretrial motions deadline for January 13, 2025. (ECF No. 27.) On August 14, 2024, the deadline for serving written discovery requests was extended…