Mendoza

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ERLINDO RODRIGUEZ, JR., Case No. 1:21-cv-00410-JLT-BAM (PC) Plaintiff, ORDER TO SHOW CAUSE WHY ACTION

SHOULD NOT BE DISMISSED FOR

v. FAILURE TO PROSECUTE MENDOZA, et al., (ECF No. 44) Defendants. TWENTY-ONE (21) DAY DEADLINE 16 Plaintiff Erlindo Rodriguez, Jr. (“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 against Defendant Mendoza for failure to protect and excessive force in violation of the Eighth Amendment and against Defendant Campbell1 for excessive force in violation of the Eighth Amendment. On April 17, 2023, Defendants filed a motion for summary judgment on the grounds that: (1) there is no genuine dispute of fact on the merits of Plaintiff’s failure to protect claim against Defendant Mendoza; (2) Defendant Mendoza is entitled to qualified immunity as to Plaintiff’s failure to protect…