Cervantes
(PC) Arena v. Cervantes
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 PETER MICHAEL ARENA, Case No. 1:21-cv-00928-JLT-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS
REGARDING DISMISSAL OF ACTION FOR
v. FAILURE TO PROSECUTE CERVANTES, et al., FOURTEEN (14) DAY DEADLINE Defendants. 16 I. Background Plaintiff Peter Michael Arena (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. This action proceeds against Defendants Cervantes, Berlanga, Cerda-Jirano, Moreno, and Ceja for excessive force in violation of the Eighth Amendment. 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 March 1, 2022, the undersigned issued an order granting Defendants’ request to opt out of post-settlement ADR and a discovery and scheduling order. (ECF Nos. 32, 33.) On March 15, 2022, those orders were returned as “Undeliverable, Not Deliverable as…