Tappen

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JONATHAN WILBANKS, No. 2:21-cv-0026 KJM KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS T. TAPPEN, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding pro se. On January 18, 2022, plaintiff was granted thirty days in which to file a motion to amend accompanied by a proposed third amended complaint including his putative claims against Dr. Yee. Thirty days have passed, and plaintiff has not filed such documents or otherwise responded to the court’s order. Therefore, plaintiff’s putative claims against Dr. Yee should be dismissed, and this action should proceed on plaintiff’s claim that defendant Tappen violated plaintiff’s Eighth Amendment rights by allegedly using excessive force. Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s putative claims against Dr. Yee be dismissed without prejudice. These findings and recommendations are submitted to the United States District Judge assigned…