Gutierrez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 LY TRI, Case No.: 1:22-cv-00836-ADA-SKO (PC) Plaintiff,

FINDINGS AND RECOMMENDATIONS

v. TO DISMISS THIS ACTION FOR

PLAINTIFF’S FAILURE TO OBEY

C. GUTIERREZ, et al., COURT ORDERS AND FAILURE TO

PROSECUTE

Defendants. 14-DAY DEADLINE 16

Plaintiff Ly Tri is proceeding pro se in this civil rights action brought pursuant to 42 U.S.C. § 1983. I. RELEVANT PROCEDURAL BACKGROUND Plaintiff initiated this action with the filing of his complaint on July 8, 2022. (Doc. 1.) Following screening and service of process, the action proceeded on Plaintiff’s First Amendment retaliation claim against Defendant D. Gutierrez and Fourteenth Amendment due process claim against Defendant J. McNutt. (See Docs. 9 & 10.) On July 26, 2023, Defendant McNutt filed a motion to dismiss based upon a lack of subject matter jurisdiction. (See Doc. 16.) Pursuant to Local Rule 230(l), Plaintiff’s opposition or 27 …