(PC) Miles v. Garland

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MAURICE MILES, SR., No. 2:19-cv-01881-MCE-CKD P Plaintiff, v. ORDER AND DANIEL GARLAND, et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff is a former state prisoner proceeding pro se and in forma pauperis in this federal civil rights action filed pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). I. Factual and Procedural History By order dated December 8, 2021, the court dismissed this action pursuant to Rule 41(b) of the Federal Rules of Civil Procedure based on plaintiff’s failure to prosecute. ECF No. 68. Judgment was entered the same day. ECF No. 69. Over six months later, on July 13, 2022, plaintiff filed a motion to reopen his case. ECF No. 73. The undersigned issued an order on August 12, 2022 denying plaintiff’s motion. ECF No. 74. 27 1 The filing date of plaintiff’s pleadings are calculated…