Spearman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 FRANCISCO SIERRA, Case No. 1:17-cv-01691-ADA-EPG (PC)

Plaintiff,

ORDER VACATING OCTOBER 11,

v. 2022 FINDINGS AND

RECOMMENDATIONS TO DISMISS

CASE, DENYING REQUEST TO

J. CASTELLANOS, APPOINT COUNSEL, AND SETTING

PRETRIAL CONFERENCE

Defendant.

(ECF Nos. 93, 94, 95)

16 17 Plaintiff Francisco Sierra is a state inmate proceeding pro se and in forma pauperis in this 18 civil rights action. Following the District Judge’s decision adopting this Court’s findings and 19 recommendations, this case now proceeds on Plaintiff’s cruel-and-unusual-punishment claim 20 against Defendant Castellanos. (ECF No. 70). 21 After Plaintiff failed to comply with the Court orders to file a pretrial statement, this Court 22 issued findings and recommendations on October 11, 2022, to dismiss this case with prejudice for failure to comply with the Court’s orders and failure to prosecute the case. (ECF No. 93). Now before the…