Darling

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM BATES, No. 2:21-cv-1613 KJN P Plaintiff, v. ORDER AND FINDINGS &

RECOMMENDATIONS

CHAD DARLING, et al., Defendants. 16 By order filed January 18, 2022, plaintiff was granted thirty days in which to notify the court whether he elects to proceed on his Eighth Amendment claims as to defendants Darling, Condon, Maloney and Stuhr, or whether he opted to amend his complaint and delay service of process. Plaintiff was cautioned that failure to respond to the court’s order would result in a recommendation that this action be dismissed. Thirty days from that date have passed, and plaintiff has not filed an amended complaint or otherwise responded to the court’s order. In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign a district judge to this case; and IT IS RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P.…