Manning

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID FUENTES, No. 2:23-0386 CSK P 12 Plaintiff, 13 v.

ORDER AND FINDINGS AND

14 MR. MANNING, et al.,

RECOMMENDATIONS

15 Defendants. 16 17 Plaintiff is a former state prisoner proceeding pro se. Defendants filed a motion to dismiss 18 this action based on plaintiff’s failure to adequately respond to discovery requests and failure to 19 comply with the Court’s order. (ECF No. 43.) 20 I. BACKGROUND 21 This action was filed on February 28, 2023 while plaintiff was in state custody, and 22 proceeds on plaintiff’s second amended complaint alleging that defendants Mr. Manning and Ms. 23 Kissel failed to protect plaintiff from harm in violation of the Eighth Amendment. (ECF No. 15.) 24 On June 11, 2024, the Court issued the Discovery and Scheduling Order, setting the 25 discovery deadline for October 11, 2024, and the pretrial motions deadline for January 13, 2025. 26 (ECF No. 27.) On August 14, 2024, the deadline for serving written discovery requests was 27 extended…