Sullivan

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

9 JUAN M. MONTENEGRO, Case No. 1:20-cv-00847-EPG (PC) 10 Plaintiff, FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT THIS ACTION v. BE DISMISSED, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM,

WARDEN J. SULLIVAN, FAILURE TO PROSECUTE, AND

FAILURE TO COMPLY WITH A COURT Defendant. ORDER 14 (ECF NOS. 1 & 7)

OBJECTIONS, IF ANY, DUE WITHIN

FOURTEEN DAYS

ORDER DIRECTING CLERK TO ASSIGN

DISTRICT JUDGE

18 I. BACKGROUND Juan M. Montenegro (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed the complaint commencing this action on June 15, 2020. (ECF No. 1). It appears that Plaintiff originally brought his allegations in a habeas case, but filed this § 1983 case after the undersigned issued findings and recommendations, recommending that Plaintiff’s habeas…