(PC) Miller v. Commissioner of the State of California Department of Corrections
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 5 KEVIN L. MILLER, Case No. 1:21-cv-00176-DAD-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO
DISMISS ACTION, WITH PREJUDICE, FOR
v. FAILURE TO STATE A CLAIM, FAILURE
TO OBEY A COURT ORDER, AND
COMMISSIONER OF THE STATE OF FAILURE TO PROSECUTE
CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al., (ECF No. 18) Defendants. FOURTEEN (14) DAY DEADLINE 12 I. Background Plaintiff Kevin L. Miller (“Plaintiff”) is a former pretrial detainee and current state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On April 21, 2021, the Court issued a screening order granting Plaintiff leave to file a first amended complaint or a notice of voluntary dismissal within thirty (30) days. (ECF No. 18.) The Court expressly warned Plaintiff that the failure to…