Cory

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TIMOTHY MITCHELL, No. 2:20-cv-2132-JAM-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS 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). On September 3, 2021, and again on October 18, 2021, the court warned plaintiff that failure to respond to the motion could result in a recommendation that this action be dismissed. ECF Nos. 25 & 29. The time for responding to the motion has passed, and despite being granted two extensions of time, plaintiff failed to file an opposition or otherwise respond to the motion. Plaintiff has disobeyed this court’s orders and failed to prosecute this action. The appropriate action is dismissal without prejudice. Accordingly, it is RECOMMENDED that this action be dismissed without…