Garcia

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JERRY DILLINGHAM, 1:19-cv-00461-AWI-GSA-PC

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT THIS CASE BE

vs. DISMISSED WITH PREJUDICE FOR

FAILURE TO COMPLY WITH COURT

J. GARCIA, et al., ORDER AND FAILURE TO PROSECUTE

Defendants. (ECF No. 101.)

OBJECTIONS, IF ANY DUE WITHIN

FOURTEEN DAYS

22 I. BACKGROUND Jerry Dillingham (“Plaintiff”) is a former state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on April 9, 2019. (ECF No. 1.) This case now proceeds with Plaintiff’s Second Amended Complaint filed on September 8, 2020, against defendant J. Garcia (“Defendant”) for use of excessive force in violation of the Eighth Amendment. (ECF No. 34.) On December 16, 2022, this case was scheduled for an Albino1 evidentiary hearing set for…