Figueroa

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 KYREE BREEDLOVE, Case No. 1:18-cv-01669-DAD-BAM (PC) Plaintiff, ORDER TO SHOW CAUSE WHY ACTION

SHOULD NOT BE DISMISSED FOR

v. FAILURE TO PROSECUTE FIGUEROA, et al., (ECF No. 40) Defendants. TWENTY-ONE (21) DAY DEADLINE 16 17 Plaintiff Kyree Breedlove (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds against Defendant Figueroa for excessive force in violation of the Eighth Amendment. On April 30, 2021, Defendant filed a motion for summary judgment on the grounds that (1) Plaintiff failed to exhaust his administrative remedies as to his Eighth Amendment claim; and (2) Plaintiff’s Eighth Amendment claim against Defendant Figueroa is barred by the favorable termination rule. (ECF No. 37.) In the motion, Plaintiff was provided with notice of the requirements for opposing a motion for summary…