Hord

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHRISTIAN DAVIS, No. 2:21-cv-02114-EFB (PC) Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

HORD, Defendant. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. On December 9, 2022, defendant Hord filed a motion for summary judgment. ECF No. 22. On January 25, 2023, the court warned plaintiff that failure to respond to the motion could result in a recommendation that this action be dismissed. ECF No. 26. The time for responding to the motion has passed, and plaintiff failed to file an opposition, a statement of non- opposition, or otherwise respond to the motion or the court’s order. Plaintiff has disobeyed this court’s orders and failed to prosecute this action. The appropriate action is dismissal without prejudice. Accordingly, it is ORDERED that the Clerk of the Court randomly assign a United States District Judge to this action. …