(PC)Irby
(PC)Irby v. Naranjo
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY DEMETRIS IRBY, Case No. 2:21-cv-01039-KJM-JDP (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS
THAT THIS ACTION BE DISMISSED
v. WITHOUT PREJUDICE FOR FAILURE TO
PROSECUTE
NARANJO, et al., Defendants. 16 Plaintiff, a county inmate proceeding without counsel, commenced this civil rights action under 42 U.S.C. § 1983. On December 3, 2021, I screened plaintiff’s complaint pursuant to 28 U.S.C. § 1915A. ECF No. 10. I notified plaintiff that he could proceed with his viable due process claim against defendant Naranjo, but that his remaining claims were not cognizable. Id. at 3-4. I therefore ordered plaintiff, within thirty days, either to file an amended complaint or notify the court that he wishes to proceed only with his claim. To date, plaintiff has not complied with that order.1 24 1 On December 27, 2021, the Solano County Sheriff’s Office filed a notice stating that the 25 “Plaintiff is confirmed deceased with our…