Cates

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MELVIN JOSEPH SIMMONS, No. 1:23-cv-0856 JLT GSA (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING THE

v. ACTION WITHOUT PREJUDICE, AND

DIRECTING THE CLERK OF COURT TO

BRIAN CATES, et al., CLOSE THE CASE Defendants. (Doc. 22) 16 Plaintiff initiated this action by filing a complaint against the defendants—including Brian Cates; Kathleen Allison, Secretary of the CDCR; and Los Angeles County—asserting violations of his civil rights. (See generally Doc. 1.) Plaintiff began to refuse the Court’s mail in August 2023. Consistently since that time, communications from the Court were returned with notations from the Postal Service including: “Undeliverable, Inmate Refused;” “Undeliverable, Refused,” and “Undeliverable, RTS, Not Deliverable as Addressed, Unable to Forward, Refused.” The magistrate judge found the repeated refusal of the Court’s communications demonstrates that “Plaintiff…