Uddin

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LENZO SEAMSTER, No. 2:21-cv-00972 DJC AC Plaintiff, v. FINDINGS AND RECOMMENDATIONS MESKATH UDDIN, Defendant. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On October 18, 2023, defendant filed a motion for summary judgment. ECF No. 23. On December 19, 2023 plaintiff was ordered to file an opposition or a statement of non- opposition to the pending motion within thirty days. ECF No. 26. 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 30 day time period has now expired, and plaintiff has not responded to the court’s order. For the foregoing reasons, IT IS HEREBY RECOMMENDED that: 1. This action be dismissed without prejudice pursuant to Federal Rule of…