Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JASON ERIK SCHMAUS, No. 2:20-cv-1356 KJM AC P Plaintiff, v. FINDINGS AND RECOMMENDATIONS P. COVELLO, et al., Defendants. 16 By order issued June 23, 2021, the complaint was screened and Plaintiff was given the opportunity either to proceed on a single cognizable claim against Defendant Smith or to amend the complaint. ECF No. 10. At that time, Plaintiff was given fourteen days to return the Notice on How to Proceed form, which was to inform the Court whether he wanted to proceed with the cognizable claim or amend the complaint. Id. at 8-10. Plaintiff was also told that a failure to return the notice form would result in a recommendation that Claims One and Three as well as Defendants Covello, Bal, Wong, Vaughn and Gates be dismissed from this action without prejudice. Id. at 8-9. On July 19, 2021, having not received Plaintiff’s notice form, the undersigned drafted findings and recommendations which were…