Michael

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 EDWARD SHELBY TOLBERT, Case No. 1:19-cv-00278-BAM (PC) Plaintiff, ORDER DISMISSING ACTION, WITH

PREJUDICE, FOR FAILURE TO

v.

PROSECUTE AND FAILURE TO OBEY

MICHAEL, COURT ORDER

Defendant. (ECF No. 61) 16 17 Plaintiff Edward Shelby Tolbert (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s third amended complaint against Defendant Michael (“Defendant”) for deliberate indifference in violation of the Eighth Amendment. All parties have consented to Magistrate Judge jurisdiction. (ECF No. 48.) For the reasons that follow, the Court orders that this action be dismissed, with prejudice. I. Background On October 14, 2022, Defendant filed a motion for summary judgment, (ECF No. 56), and an amended motion for summary judgment on October 17, 2022, (ECF No. 57). On October 18, 2022, the Court…