Darlene

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 THEODORE ERVIN STITH, No. 2:21-cv-1478-WBS-EFB (PC) Plaintiff, v. FINDINGS AND RECOMMENDATIONS DARLENE, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. On April 19, 2022, defendants Darlene and Simmons filed a motion for summary judgment. ECF No. 21. On May 25, 2022, the court warned plaintiff that failure to respond to the motion could result in a recommendation that this action be dismissed. ECF No. 24. The time for responding to the motion has passed, and plaintiff failed to file an opposition or otherwise respond to the motion. Plaintiff has disobeyed this court’s orders and failed to prosecute this action. The appropriate action is dismissal without prejudice. ///// ///// 26 1 Although it appears from the file that plaintiff’s copy of the order was returned, plaintiff was properly served. It is the plaintiff’s responsibility to keep…