Honea

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL ERNEST MITCHUM, JR., No. 2:22-cv-2313 DAD CKD P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 KORY HONEA, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 18 U.S.C. § 1983. On November 29, 2023, defendants filed a motion to dismiss. ECF No. 35. On 19 January 8, 2024, plaintiff was ordered to file a response to the motion within thirty days. ECF No. 20 39. In the same order, plaintiff was informed that failure to file a response would result in a 21 recommendation that this action be dismissed pursuant to Fed. R. Civ. P. 41(b). The thirty day 22 period has now expired, and plaintiff has not responded to the court’s order. 23 For the foregoing reasons, IT IS HEREBY RECOMMENDED that this action be 24 dismissed pursuant to Federal Rule of Civil Procedure 41(b). 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant…