(PC) Frisby v. California City Correctional Facility

I. FACTS AND BACKGROUND

22 Plaintiff Mark Raymond Frisby is a former state prisoner proceeding pro se and in forma 23 pauperis on his civil rights complaint filed under 42 U.S.C. § 1983. (Doc. Nos. 1, 7). On 24 February 26, 2020, the court screened plaintiff’s complaint and concluded it failed “to state a 25 26 1 This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 (E.D. Ca. 2019). 2 Due to the age of this case and because plaintiff is no longer incarcerated, he is subject to a 14-day objection period pursuant to Local Rule 304(b) (E.D. Ca. 2019). cognizable claim against any defendant.” (Doc. No. 10 at 4). The court permitted plaintiff 30 days to amend his complaint, with failure to do so cause for dismissal. (Id. at 5). Well after the thirty (30) days period expired, the court issued an order to show cause why the court should not dismiss the case for plaintiff’s failure to prosecute and to comply with the court’s February 26, 2020 Order. (See May 28, 2020 Order, Doc. No. 11 at 1-2). As of the date of these findings and recommendations, plaintiff has not responded to the order to show cause…