Cates
(PC) Simmons v. Cates
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MELVIN JOSEPH SIMMONS, No. 1:23-cv-00856 JLT GSA (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS
ORDER
v.
ORDER RECOMMENDING MATTER BE
BRIAN CATES, et al., DISMISSED FOR FAILURE TO OBEY A
COURT ORDER AND FOR FAILURE TO
Defendants. PROSECUTE (ECF No. 21) 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. Plaintiff has paid the filing fee. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. For the reasons stated below, the undersigned will recommend that this matter be dismissed for failure to obey a court order and for failure to prosecute. I. RELEVANT PROCEDURAL HISTORY On June 5, 2023, Plaintiff’s filed complaint was docketed. ECF No. 1. Shortly thereafter, the Court issued an order recommending that Plaintiff, a three strikes litigant…