Eldridge

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ISRAEL ONTIVEROS, No. 2: 19-cv-2445 JAM KJN P Plaintiff, v. ORDER & FINDINGS &

RECOMMENDATIONS

WARDEN ELDRIDGE, 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 February 26, 2021, defendant Eldridge filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 24.) On March 29, 2021, the court advised plaintiff that motions to dismiss shall be briefed pursuant to Local Rule 230(l). (ECF No. 25.) On March 29, 2021, plaintiff was ordered to file an opposition or a statement of non- opposition to the pending motion within thirty days. In that same order, plaintiff was advised of the requirements for filing an opposition to the pending motion and that failure to oppose such a motion would be deemed as consent to have the: (a) action dismissed for lack of prosecution; and (b) action dismissed…