(PC) Lopes v. California Department of Corrections

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH LOPES, Case No. 1:22-cv-00162-ADA-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

REGARDING DISMISSAL OF ACTION FOR

v. FAILURE TO PROSECUTE CALIFORNIA DEPARTMENT OF FOURTEEN (14) DAY DEADLINE CORRECTIONS, et al., 15 Defendants. 16 I. Background Plaintiff Joseph Lopes (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action under 42 U.S.C. § 1983. This action proceeds against Defendant Lima for failure to protect and failure to intervene in violation of the Eighth Amendment. On August 24, 2022, Chief Judge Kimberly J. Mueller issued an order reassigning this action to District Judge Ana de Alba for all further proceedings, (ECF No. 18), and on August 30, 2022, the undersigned issued an order granting in part Defendant’s motion for an extension of time to file a responsive pleading, (ECF No. 20). The Court’s August 24, 2022 order was returned on September 2, 2022 as “Undeliverable, Return…