Giddings

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TOM M. FRANKS, No. 2:17-cv-01056-KJM-CKD Plaintiff, v. FINDINGS AND RECOMMENDATIONS J. CLARK KELSO, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On June 9, 2022 defendant Giddings filed a motion for summary judgment. ECF No. 106. On August 17, 2022 plaintiff was ordered to file an opposition or a statement of non- opposition to the pending motion within thirty days. ECF No. 110. In the same order, plaintiff was informed that failure to file an opposition would result in a recommendation that this action be dismissed pursuant to Fed. R. Civ. P. 41(b). The thirty day period has now expired, and plaintiff has not responded to the court’s order. For the foregoing reasons, IT IS HEREBY RECOMMENDED that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). These findings and recommendations are…