(PC) Watts v. Department of Corrections
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KARLIN WATTS, No. 2:17-cv-0852 JAM DB P Plaintiff, v. FINDINGS & RECOMMENDATIONS DEPARTMENT OF CORRECTIONS, et al., 15 Defendants.
17 Plaintiff is a former state prisoner proceeding pro se and in forma pauperis with a civil rights action under 42 U.S.C. § 1983. Plaintiff claims defendants violated his rights under the Eighth Amendment. Presently before the court is defendant’s motion to dismiss based on plaintiff’s failure to prosecute and failure to comply with the local rules. (ECF No. 45.) I. Background The court issued a discovery and scheduling order on May 8, 2019. (ECF No. 41.) Court records reflect that order was returned as undeliverable because the plaintiff was released from prison. (ECF No. 45-1 at 3.) On June 27, 2019, defendants filed a motion for summary judgment (ECF No. 43) and a motion for protective order (ECF No. 44). After plaintiff failed to respond to defendants’ motions, the court…