(PC) Rivas v. Williams

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DANIEL J. RIVAS, Case No. 1:19-cv-00328-BAM (PC) Plaintiff, ORDER DISMISSING ACTION, WITH

PREJUDICE, FOR FAILURE TO

v. PROSECUTE AND FAILURE TO OBEY

COURT ORDER

WILLIAMS, et al., (ECF No. 40) Defendants. 16 17 Plaintiff Daniel J. Rivas (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds against Defendants Williams and Garcia for deliberate indifference to a serious medical need in violation of the Eighth Amendment. All parties have consented to United States Magistrate Judge jurisdiction. (ECF Nos. 6, 24.) For the reasons that follow, the Court orders that this action be dismissed, with prejudice. I. Background On February 18, 2021, Defendants filed a motion for summary judgment on the ground that Plaintiff failed to properly exhaust his available administrative remedies. Fed. R. Civ. P. 56. (ECF No. 37.) Plaintiff was…