(PC) Cervantes v. The Whole Department of Corrections

I. Introduction

18 Plaintiff Ruben Tony Cervantes is a state prisoner proceeding pro se and in forma 19 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. 20 On November 7, 2018, the assigned Magistrate Judge issued findings and 21 recommendations recommending to dismiss this action, with prejudice, for failure to state a claim 22 upon which relief can be granted and for failure to comply with Federal Rule of Civil Procedure 23 8. (ECF No. 15.) On December 5, 2018 and on January 4, 2019, the Magistrate Judge granted 24 Plaintiff’s two motions for an extension of time to file objections to the findings and 25 recommendations. (ECF Nos. 17, 19.) On February 20, 2019, after Plaintiff failed to file 26 objections to the findings and recommendations or a third request for an extension of time, the 27 undersigned issued an order adopting the November 7, 2018 findings and recommendations in 28 full and dismissing the instant action, with prejudice, for failure to comply with Rule 8 and failed to state a cognizable claim upon which relief may be granted. (ECF No. 20.) On September 12, 2019, Plaintiff filed a notice of appeal to District Judge, which…