Lupercio

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAMON NAVARRO LUPERCIO, Case No. 1:21-cv-580-DAD-HBK Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS THE CASE

v. (Doc. No. 5) MACARIO MENDOZA,

FOURTEEN-DAY OBJECTION PERIOD

Defendant. 16 On April 7, 2021, Plaintiff Ramon Navarro Lupercio initiated this action by filing a pro se Complaint under the Civil Rights Act 42 U.S.C. § 1983 while incarcerated at San Quentin Prison. (Doc. No. 1). It appears Plaintiff no longer is incarcerated based on his address of record. (See docket). On June 22, 2021, the Court issued an Order to Show Cause directing Plaintiff to show cause within fourteen days why the action should not be dismissed. (Doc. No. 5, “OTSC”). The OTSC found the Complaint failed to state a § 1983 claim because the sole-named defendant appeared to be a witness in Plaintiff’s state court criminal case and was not deemed a “state actor” under § 1983. (Id. at 2). The OTSC further noted that claims directed at Plaintiff’s…