Spearman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CALVIN WILLIAM JOHNSON, No. 2:19-cv-1093 JAM KJN P Plaintiff, v. FINDINGS & RECOMMENDATIONS SPEARMAN, Defendant. 16 Plaintiff is a former state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. On March 16, 2020, defendant filed a motion to dismiss plaintiff’s amended complaint. Plaintiff did not file an opposition. On April 10, 2020, plaintiff was ordered to file an opposition or a statement of non- opposition to the pending motion within thirty days. In that same order, plaintiff was advised of the requirements for filing an opposition to the pending motion and that failure to oppose such a motion would be deemed as consent to have the: (a) pending motion granted; (b) action dismissed for lack of prosecution; and (c) action dismissed based on plaintiff’s failure to comply with these rules and a court order. Plaintiff was also informed that failure to file an opposition 26 …