Ciolli

BACKGROUND

22 Plaintiff Santos, a former state prisoner, is proceeding pro se on his initial civil rights 23 complaint under Bivens alleging a violation of his First Amendment rights. (Doc. No. 1, 24 “Complaint”). On May 4, 2023, the Court issued a screening order finding the Complaint failed 25 to state a claim because Bivens does not permit a remedy for violations of the First Amendment. 26 (Doc. No. 7 at 4-7). Plaintiff was given three options to exercise within twenty-one (21) days

1 This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 from receipt of the May 4, 2023 Order: (1) file a First Amended Complaint (“FAC”); (2) file a notice that he intends to stand on his initial complaint subject to the undersigned recommending the district court dismiss for reasons stated in the May 4, 2023 Screening Order; or (3) file a notice to voluntarily dismiss this action, without prejudice, under Federal Rule of Civil Procedure 41(a)(1) because no defendant had yet been served. (Id. at 7-8). The Court expressly warned Plaintiff that if he “fails to timely respond to this Court Order or seek an extension of time to 7…