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. ORDER AND FINDINGS AND

RECOMMENDATIONS

SPEARMAN, et al., Defendants. 16 Plaintiff, a former state prisoner, filed a pro se civil rights action pursuant to 42 U.S.C. § 1983, and is proceeding in forma pauperis. On May 19, 2020, the undersigned recommended that this action be dismissed based on plaintiff’s failure to oppose defendant Spearman’s pending motion to dismiss and failure to prosecute this action. Plaintiff filed objections, and subsequently filed an opposition to the motion to dismiss. The findings and recommendations are vacated. As discussed below, the undersigned recommends that defendant’s motion be granted. I. Background On July 11, 2019, plaintiff’s complaint was dismissed and he was granted leave to amend. Plaintiff filed an amended complaint on August 8, 2019, naming the warden and three other defendants, as well as other…