(PC) Hampton v. Austin

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GARY G. HAMPTON, JR., No. 2:20-CV-1001-KJM-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS E. WELSCH, Defendant. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 U.S.C. § 1983. Pending before the Court is Defendant’s motion to dismiss, ECF No. 29. Plaintiff has not filed an opposition. Defendant argues that this action should be dismissed for failure to state a claim upon which relief can be granted. See ECF No. 29-1. After the time to respond to Defendant’s motion passed, the Court issued a minute order advising that the failure to oppose the motion could be construed as consent to the relief requested. See ECF No. 31. The minute order provided Plaintiff an additional 30 days within which to file an opposition. See id. To date Plaintiff has not opposed Defendant’s motion and the Court construes the lack of any opposition as Plaintiff’s consent to the relief…