Ali

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CARL FOUST, No. 2:19-CV-2579-DAD-DMC-P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 ALI, et al. 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 18 U.S.C. § 1983. Pending before the Court is Defendant Ali’s unopposed motion, ECF No. 127, to 19 dismiss. 20 On October 26, 2021, the Court issued an order addressing Plaintiff’s second 21 amended complaint. See ECF No. 82. The Court determined that the action should proceed on 22 Claim II against Defendant Ali for retaliation. See id. at 3. After Plaintiff elected not to file a 23 third amended complaint and instead to proceed on Claim II against Defendant Ali only, the 24 Court issued findings and recommendations that all other claims and defendants be dismissed. 25 See ECF No. 91. To date, those findings and recommendations remain pending before the 26 District Judge for final approval. 27 / / / 28 / / / 1 In his…