(PC) Marceleno v. California Department of Corrections and Rehabiliation

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ERIK ABELINO MARCELENO, 1:17-cv-01136-JLT-GSA-PC

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT THIS CASE BE

vs. DISMISSED, WITHOUT PREJUDICE FOR

PLAINTIFF’S FAILURE TO COMPLY

CALIFORNIA DEPARTMENT OF WITH COURT ORDERS CORRECTIONS AND (ECF Nos. 45, 53.) REHABILITATION, et al.,

OBJECTIONS, IF ANY, DUE WITHIN

Defendants. FOURTEEN (14) DAYS

18 I. BACKGROUND Erik Abelino Marceleno (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On August 23, 2017, Plaintiff filed the Complaint commencing this action. (ECF No. 1.) This case now proceeds with Plaintiff’s First Amended Complaint filed on July 30, 2019, against defendant Sergeant Mora for use of excessive force in violation of the Eighth Amendment and related state claims for assault and battery, for money damages only. (ECF No. 19.) This…