Weiss

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAIME BANUELOS, No. 2:19-cv-2370 JAM DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS R. WEISS, Defendants.

16 Plaintiff is a state inmate proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims that defendant violated his Eighth Amendment rights. For the reasons set forth below, the court will recommend that this action be dismissed because plaintiff has failed to file an opposition to defendant’s motion for summary judgment. I. Relevant Procedural History On April 27, 2021, defendant filed a motion for summary judgment. (ECF No. 37.) Plaintiff sought and obtained an extension of time to file an opposition. (ECF Nos. 38, 39.) Thereafter, plaintiff filed a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (ECF No. 40.) Defendant filed an opposition. (ECF No. 41.) On October 12, 2021, the undersigned denied plaintiff’s…