Gipson

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

9 10 ROBERT LEE BILLIE, No. 1:23-cv-00985-NODJ-EPG (PC) 11 Plaintiff, FINDINGS AND RECOMMENDATIONS 12

TO DISMISS THIS ACTION WITHOUT

v. PREJUDICE FOR FAILURE TO 13

PROSECUTE

CONNIE GIPSON, et al., 14

OBJECTIONS, IF ANY, DUE

Defendants. WITHIN 30 DAYS 15 16 Plaintiff Robert Lee Billie is a state prisoner proceeding pro se and in forma pauperis in 17 this civil rights action filed pursuant to 42 U.S.C. § 1983. For reasons stated below, the Court 18 recommends that this case be dismissed without prejudice for failure to prosecute. 19 Plaintiff filed his initial complaint on June 23, 2023. (ECF No. 1). After the Court issued a 20 screening order finding no cognizable claims (ECF No. 11), Plaintiff filed Second Amended 21 Complaint on October 16, 2023 (ECF No. 14). While waiting for the Court to screen the second 22 amended complaint, Court order reassigning the case (ECF No. 15), which was served on 23 Plaintiff via mail, was returned to Court on December 18, 2023 marked as “undeliverable, RTS, 24 Decease, Unable to Forward.”…