(PC) Donaldson v. Garland

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD JULIUS DONALDSON, No. 2:21-cv-1178 DJC KJN P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 UNITED STATES OF AMERICA, et al., 15 Defendants. 16 17 Plaintiff is a former federal prisoner proceeding pro se with an action under Bivens v. Six 18 Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). On February 7, 19 2024, plaintiff was ordered to file, within thirty days, an opposition to defendants’ motion for 20 summary judgment, and cautioned that failure to do so would result in a recommendation that this 21 action be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. Thirty days 22 have now passed, and plaintiff has not filed an opposition or otherwise responded to the order. 23 As set forth below, the undersigned recommends that this action be dismissed. 24 A. Legal Standard 25 Local Rule 110 provides that “[f]ailure . . . of a party to comply with these Rules or with 26 any order of the Court may be…