Gordon

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JOHN MOISES NIETO, Case No. 1:20-cv-00291-DAD-JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS ACTION FOR FAILURE

v. TO PROSECUTE

WARDEN GORDON, et al., 14-DAY DEADLINE Defendants.

16 On January 13, 2021, the Court issued Findings and Recommendations construing Plaintiff’s “Second First Amended Complaint” as notice of Plaintiff’s intention to stand on his first amended complaint. (Doc. 15.) The Court recommended that this action proceed only on the claims found cognizable it its December 17, 2020, screening Order (Doc. 12), and that all other claims and defendants should be dismissed. (Doc. 15.) Plaintiff filed timely objections to the Findings and Recommendations. (Doc. 16.) The Court conducted a de novo review of this case, including Plaintiff’s objections, and entered an Order adopting the Findings and Recommendations in full and dismissing non-cognizable claims. (Doc. 17) On February 3, 2021,…