Ponder

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DOMINIQUE MERRIMAN, No. 2:19-cv-1446 WBS CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS J.PONDER, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On July 30, 2021, defendants filed a motion asking that the court compel plaintiff’s deposition. On September 2, 2021, plaintiff was ordered to file an opposition or a statement of non-opposition to the motion within thirty days. In the same order, plaintiff was informed that failure to file an opposition would result in a recommendation that this action be dismissed pursuant to Fed. R. Civ. P. 41(b). The thirty day period has now expired, and plaintiff has not responded to the court’s order. For the foregoing reasons, IT IS HEREBY RECOMMENDED that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). These findings and recommendations are submitted to the United…