Ruiz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 ARTHUR DEWAYNE TOWNSEND, JR., No. 2:20-cv-1179 KJM AC P Plaintiff, v. FINDINGS AND RECOMMENDATIONS MIKE RUIZ, et al., Defendants. 15 Plaintiff, a former state prisoner proceeding pro se, seeks relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. For the reasons stated below, the undersigned will recommend that this action be dismissed for failure to prosecute. I. RELEVANT PROCEDURAL HISTORY On August 21, 2021, plaintiff filed a second amended complaint (“SAC”). ECF No. 16. At that time, plaintiff was incarcerated and had filed a prisoner application to proceed in forma pauperis. ECF Nos. 2, 5. On September 2, 2021, plaintiff’s prisoner IFP application was granted, and the SAC was screened. ECF Nos. 18, 19. In the screening order, plaintiff was given the opportunity either to proceed on its viable claims, or to amend.…