(PC) Roberts v. Lynch

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 DAVID NATHANIEL ROBERTS, No. 2:20-cv-01349 WBS DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS WARDEN LYNCH, et al., Defendants. 15 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. By order dated January 21, 2022, the court found the complaint had stated a cognizable First Amendment retaliation claim against defendants Peluso and Jones but failed to state any other cognizable claim. (ECF No. 19.) The court ordered plaintiff to file notice informing the court whether he wished to proceed on his cognizable claims or be given leave to file an amended complaint. (Id. at 8.) Plaintiff was given thirty days leave to file such a notice. (Id.) Plaintiff was warned that failure to abide by the court’s order would result in a recommendation that this action be dismissed. (Id.) More than thirty days have passed and plaintiff has not filed notice of how he wishes to proceed…