Cory

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TIMOTHY MITCHELL, No. 2:20-cv-2132-EFB P Plaintiff, v. ORDER AND FINDINGS AND

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JAMES CORY, Defendant. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. On August 6, 2021, defendant Cory, the sole defendant in this case, filed a motion to dismiss. See Fed. R. Civ. P. 12(b)(6). The time for responding to the motion passed, and plaintiff failed to file an opposition or otherwise respond. On September 3, 2021, the court warned plaintiff that failure to respond to the motion could result in a recommendation that this action be dismissed. ECF No. 25. The court also provided plaintiff a 21-day extension of time to respond. Id. The time for acting has once again passed and plaintiff has not filed an opposition, a statement of no opposition, or otherwise responded to the court’s order. Plaintiff has disobeyed this court’s orders and failed…