(PC) Vicari v. Amador County

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DONALD ANGELO VICARI, No. 2:22-cv-0215 AC P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

AMADOR COUNTY, Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On October 27, 2023, defendant filed a motion for summary judgment. ECF No. 22. On December 5, 2023, plaintiff was ordered to file an opposition or a statement of non- opposition to the pending motion within twenty-one days. ECF No. 23. In the same order, plaintiff was informed that failure to file an opposition would result in a recommendation that this action be dismissed without prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). The twenty-one-day period has now expired, and plaintiff has not responded to the court’s order. The court notes that the order directing plaintiff to respond to the motion was returned by the postal service. (Docket…