(PC) Rice v. Gonzales
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 NICHOLAS RICE, Case No. 1:23-cv-01094-NODJ-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS
REGARDING DISMISSAL OF ACTION FOR
v. FAILURE TO PROSECUTE AND FAILURE
TO OBEY COURT ORDER
GONZALES, et al., (ECF No. 13, 18) Defendants.
FOURTEEN (14) DAY DEADLINE
16 I. Background Plaintiff Nicholas Rice (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 29, 2023, in preparing to screen the first amended complaint, the Court issued an order requiring Plaintiff to show cause why this action should not be dismissed, without prejudice, for failure to exhaust prior to filing suit. (ECF No. 13.) On September 8, 2023, the order was returned as “Undeliverable, Return to Sender, Attempted-Not Known, Unable to Forward.” …