(PC) Lopes v. California Department of Corrections

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSEPH LOPES, Case No. 1:22-cv-00162-ADA-BAM (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS

REGARDING DISMISSAL OF ACTION FOR

13 v. FAILURE TO PROSECUTE 14 CALIFORNIA DEPARTMENT OF FOURTEEN (14) DAY DEADLINE CORRECTIONS, et al., 15 Defendants. 16 17 I. Background 18 Plaintiff Joseph Lopes (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights 19 action under 42 U.S.C. § 1983. This action proceeds against Defendant Lima for failure to 20 protect and failure to intervene in violation of the Eighth Amendment. 21 On August 24, 2022, Chief Judge Kimberly J. Mueller issued an order reassigning this 22 action to District Judge Ana de Alba for all further proceedings, (ECF No. 18), and on August 30, 23 2022, the undersigned issued an order granting in part Defendant’s motion for an extension of 24 time to file a responsive pleading, (ECF No. 20). The Court’s August 24, 2022 order was 25 returned on September 2, 2022 as “Undeliverable, Return…