(PC)Wallace

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM JAMES WALLACE, II, Case No. 1:20-cv-00844-JLT-EPG (PC) Plaintiff, v. FINDINGS AND RECOMMENDATIONS

RECOMMENDING THAT JOHN DOE BE

J. WHITE, et al., DISMISSED WITHOUT PREJUDICE Defendants. (ECF No. 50) TWENTY-ONE (21) DAY DEADLINE 17 Plaintiff William James Wallace, II (“Plaintiff”) is a former state prisoner proceeding pro 18 se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. For the 19 following reasons, the Court recommends that Defendant John Doe be dismissed without 20 prejudice for failure to serve, failure to prosecute, and failure to obey a court order.

I. PROCEDURAL HISTORY

This case proceeds on Plaintiff’s Eighth Amendment claim for unconstitutional conditions of confinement against Defendants Lopez, Wade, White and John Doe. (ECF Nos. 18, 19.) In relevant part, Plaintiff’s operative complaint alleges that Unit H2 has inoperable plumbing,…