Radasa

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CALVIN CHOYCE, No. 2:20-cv-0608 KJM KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS N. RADASA, Defendant. 16 Plaintiff is a state prisoner, proceeding pro se. On March 25, 2022, plaintiff filed a motion to dismiss this action with leave to re-file. Plaintiff claims he must withdraw from this action “due to his inability to gather and produce the records, transcripts, and other legal materials necessary” to prosecute this action. (ECF No. 39 at 1.) Defendant opposes plaintiff’s motion; plaintiff did not file a reply. As discussed below, plaintiff’s motion should be denied. Background This action was filed on March 19, 2020. The court issued its discovery and scheduling order on August 12, 2020. On November 19, 2020, defendant moved to modify the scheduling order because the COVID-19 pandemic caused delays in discovery. On December 16, 2020, the motion was granted, and discovery was extended to March 11,…