Tillery

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL E. JACQUES, No. 2:23-cv-0079 TLN KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

D. TILLERY, Defendant. 16 Plaintiff is a state prisoner, proceeding pro se and in forma pauperis. On June 29, 2023, plaintiff was issued an order to show cause. Plaintiff did not respond, and on August 1, 2023, the undersigned recommended that this action be dismissed. On August 2, 2023, plaintiff filed a document styled, “Objections to Magistrate Judges’ Findings and Recommendations/Response to Judge’s Order to Show Cause . . . .” (ECF No. 16.) As discussed below, the findings and recommendations are vacated, and it is recommended that this action be dismissed. Belated Response to Order to Show Cause Plaintiff’s timely objections contain plaintiff’s belated response to the order to show cause. Plaintiff was deprived of access to legal materials which prevented plaintiff from timely responding to the order to…