Perez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ROBERT HOLMES, Case No. 1:21-cv-01367-DAD-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

REGARDING DISMISSAL OF ACTION FOR

v. FAILURE TO PROSECUTE PEREZ, et al., FOURTEEN (14) DAY DEADLINE Defendants. 16 I. Background Plaintiff Robert Holmes (“Plaintiff”) is a former state prisoner proceeding pro se in this civil rights action under 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On January 28, 2022, the undersigned issued findings and recommendations recommending that this action proceed on Plaintiff’s complaint, filed September 13, 2021, against Defendants Perez and Rocha for excessive force in violation of the Eighth Amendment and all other claims and defendants be dismissed based on Plaintiff’s failure to state claims upon which relief may be granted. (ECF No. 14.) Plaintiff was directed to file…