Garcia

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JERRY DILLINGHAM, 1:19-cv-00461-AWI-GSA-PC

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT THIS CASE BE

vs. DISMISSED FOR PLAINTIFF’S FAILURE

TO COMPLY WITH COURT ORDER

J. GARCIA, et al.,

OBJECTIONS DUE WITHIN FOURTEEN

Defendants. DAYS

16 17 I. INTRODUCTION Jerry Dillingham (“Plaintiff”) is a former prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on April 9, 2019. (ECF No. 1.) This case now proceeds with Plaintiff’s Second Amended Complaint filed on September 8, 2020, against defendant J. Garcia (“Defendant”) for use of excessive force in violation of the Eighth Amendment. (ECF No. 34.) II. PROCEDURAL BACKGROUND On November 9, 2021, Defendant Garcia filed a motion for summary judgment based on Plaintiff’s failure to exhaust his administrative remedies before…