Tate

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

8 DANIEL LEE THORNBERRY, Case No. 1:19-cv-00825-AWI-EPG (PC) 9 Plaintiff, FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT: 1) THIS CASE v. BE DISMISSED, WITHOUT PREJUDICE, BECAUSE OF PLAINTIFF’S FAILURE

HAROLD TATE, TO COMPLY WITH A COURT ORDER

AND TO PROSECUTE THIS CASE; AND Defendant. 2) ALL OUTSTANDING MOTION(S) BE DENIED AS MOOT

(ECF No. 43)

OBJECTIONS, IF ANY, DUE WITHIN

FOURTEEN DAYS

16 Daniel Lee Thornberry (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this action. This action is proceeding against defendant Harold Tate (“Defendant”) on Plaintiff’s claim for deliberate indifference to serious medical needs in violation of the Eighth Amendment and on Plaintiff’s claim for medical malpractice under state law based on Plaintiff’s allegations that Defendant discontinued Plaintiff’s pain medication,…