Norbert Maurice Payton v. Montgomery

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NORBERT MAURICE PAYTON, No. 2:22-cv-1177 DJC AC P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 MONTGOMERY, 15 Defendant. 16 17 On May 12, 2025, defendants filed a Motion to Dismiss and served plaintiff. ECF No. 36. 18 On June 25, 2025, the court received plaintiff’s notice of change of address. ECF No. 39. On 19 July 21, 2025, the court construed plaintiff’s notice of change of address as a motion for an 20 extension of time and granted plaintiff thirty days from the date of the order to file and serve 21 either an opposition to the motion to dismiss or a statement of non-opposition. ECF No. 40 at 5. 22 Plaintiff was warned that “[f]ailure to comply with [the court’s] order will result in a 23 recommendation that this action be dismissed without prejudice for failure to prosecute pursuant 24 to Federal Rule of Civil Procedure 41(b).” Id. 25 On September 23, 2025, after plaintiff failed to file an opposition or statement of non- 26 opposition to the…