Giddings

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TOM FRANKS, No. 2:17-cv-01056-KJM-CKD P Plaintiff, ORDER and v. AMENDED FINDINGS AND

RECOMMENDATIONS

J. CLARK KELSO, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Currently pending before the court is defendant’s motion for summary judgment. ECF No. 106. I. Procedural History On August 17, 2022 plaintiff was ordered to file an opposition or a statement of non- opposition to the pending motion for summary judgment within thirty days. ECF No. 110. In the same order, plaintiff was informed that failure to file an opposition would result in a recommendation that this action be dismissed pursuant to Fed. R. Civ. P. 41(b). Plaintiff did not respond to the court’s order. On October 24, 2022 the undersigned issued Findings and Recommendations to dismiss this action pursuant to Rule 41(b) of the Federal Rules of…