Modhaddam

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CONDALEE MORRIS, No. 2: 18-cv-2850 MCE KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

G. MODHADDAM, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. On August 17, 2020, the undersigned granted plaintiff thirty days to show cause why this action should not be dismissed for his failure to prosecute. (ECF No. 52.) On September 17, 2020, the August 17, 2020 order was returned to the court undelivered and marked “refused.” Accordingly, the undersigned herein recommends that this action be dismissed for plaintiff’s failure to prosecute. On May 5, 2020, defendant Tesluk filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 41.) Plaintiff failed to file an opposition to defendant Tesluk’s motion to dismiss. Accordingly, on July 17, 2020, the undersigned vacated defendant 26 …