(PC) Roberts v. Lynch

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID NATHANIEL ROBERTS, No. 2:20-cv-1349 WBS DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS LYNCH, et al., Defendant. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims defendants violated his rights by improperly taking funds from his prison trust account and withholding his legal mail. Presently before the court is defendants’ motion to revoke plaintiff’s in forma pauperis (“IFP”) status (ECF No. 37) and defendants’ motion to modify the discovery and scheduling order and stay the case (ECF No. 38). For the reasons stated below, the undersigned will recommend that this action be dismissed, and deny as moot defendants’ motion to revoke plaintiff’s IFP status and motion to modify the discovery and scheduling order. I. Procedural History Defendants filed the motion to revoke plaintiff’s IFP status on June 2, 2023. (ECF No. 37). Five…