Macomber

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY L. TIONSON, No. 2:24-cv-02898-EFB (PC) 12 Plaintiff, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 JEFFREY MACOMBER, et al., 15 Defendants. 16 Plaintiff, a state inmate, proceeds without counsel in an action brought under 42 U.S.C. § 17 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 18 636(b)(1). 19 On September 5, 2025, the court ordered plaintiff to submit a signed complaint within 30 20 days. ECF No. 7. The order warned plaintiff that failure to submit a signed complaint would lead 21 to a recommendation that the case be dismissed. The time for acting has now passed and plaintiff 22 has not filed a signed complaint or otherwise responded to the court’s order. 23 The Federal Rules of Civil Procedure require an operative complaint. Fed. R. Civ. P. 3 24 (“A civil action is commenced by filing a complaint with the court.”). A complaint that is not 25 signed after a party has been given an opportunity to do so must be…