Hernandez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FREDERICK S. CATO, No. 2:23-cv-2560 AC P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

HERNANDEZ, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On September 5, 2025, defendants filed a motion for summary judgment. ECF No. 28. Plaintiff has not opposed the motion. On October 21, 2025, plaintiff was ordered to file an opposition or a statement of non-opposition to the pending motion within twenty-one days. ECF No. 32. In the same order, plaintiff was informed that failure to file an opposition would result in a recommendation that this action be dismissed without prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). Id. The twenty-one-day period has now expired, and plaintiff has not filed a response to the motion for summary judgment or otherwise responded to the court’s order. In recommending…