Yanez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JERRY FERNANDES, Case No. 1:21-cv-01487-ADA-HBK (PC) Plaintiff, FINDINGS AND RECOMMENDATION TO

DISMISS ACTION WITHOUT PREJUDICE

v. 14-DAY DEADLINE YANEZ, Defendant. 16 Plaintiff Jerry Fernandes is a state prisoner in this civil rights action. For the reasons set forth below, the undersigned recommends the District Court dismiss this action without prejudice for Plaintiff’s failure to comply with a court order and prosecute this action. BACKGROUND Plaintiff initiated this action by filing a pro se civil rights complaint under 42 U.S.C. § 1983. (Doc. No. 1, “Complaint”). On June 9, 2023, the undersigned screened Plaintiff’s Complaint and found, as pled, that it failed to state a claim. (Doc. No. 11, “Screening Order”). The Court afforded Plaintiff three options: (1) file an amended complaint, (2) file a notice that he intends to stand on his Complaint, or (3) file a notice of voluntary dismissal under…