Secretary

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 COLTON JAMES ROOD, No. 1:22-cv-00449-NODJ-SAB (PC) 12 Plaintiff, ORDER VACATING FINDINGS AND

RECOMMENDATION

13 v. (ECF No. 51) 14 SECRETARY OF CDCR, et al.,

FINDINGS AND RECOMMENDATION

15 Defendants. RECOMMENDING DISMISSAL OF CLAIMS

AND DEFENDANTS

16 (ECF No. 49) 17

18

19 Plaintiff Colton James Rood is proceeding pro se and in forma pauperis in this civil rights 20 action filed pursuant to 42 U.S.C. § 1983. 21 On February 13, 2024, the Court issued one last order to show cause why the action 22 should not be dismissed. (ECF No. 48.) Plaintiff failed to respond to order to show cause within 23 the time frame. Accordingly, on March 4, 2024, Findings and Recommendations were issued to 24 dismiss the action based on Plaintiff’s failure to comply a court order and failure to prosecute. 25 (ECF No. 51.) On this same date, Plaintiff filed a response to the Court’s February 13, 2024, 26 order to show cause. (ECF No. 49.) In his response, Plaintiff states the he did not receive the 27…