Inniss-Burton

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL TYRONE SHANNON, No. 2:20-cv-02192-CKD P Plaintiff, v. ORDER AND CHERYL INNISS-BURTON, et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). Currently pending before the court are defendant’s motion to declare plaintiff a vexatious litigant and plaintiff’s motion to compel. Both motions have been fully briefed by the parties. For the reasons outlined below, the court denies plaintiff’s motion to compel as untimely filed and recommends denying defendant’s motion to declare plaintiff a vexatious litigant. I. Factual and Procedural History Plaintiff is a legally blind inmate at the California Medical Facility. This case is proceeding on plaintiff’s first amended complaint alleging…