Riley

BACKGROUND

22 Plaintiff initiated this action by filing a civil rights complaint under 42 U.S.C. § 1983. 23 (Doc. No. 1, “Complaint”). On August 21, 2023, pursuant to 28 U.S.C. § 1915A the Court issued 24 a screening order. (Doc. No. 11 at 1). The Court afforded Plaintiff three options to exercise by 25 September 21, 2023: (1) file an amended complaint; (2) file a notice that he intends to stand on 26 27 1 This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 (E.D. Cal. 2022). his initial complaint subject to the undersigned recommending the district court dismiss certain claims and Defendants; or (3) stand on his Complaint subject to the undersigned recommending the district court dismiss certain claims and Defendants. (Id. at 9-10). The Court expressly warned Plaintiff that if he “fails to timely respond to this Court Order or seek an extension of time to comply” the undersigned “will recommend that the district court dismiss this case as a sanction for Plaintiff’s failure to comply with a court order and prosecute this action.” (Id. at 10 ¶ 2). On August 31, 2023, the August 21, 2023 Screening Order…