Covello
(PC) Schmaus v. Covello
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JASON ERIK SCHMAUS, No. 2:20-cv-1356 DJC AC P Plaintiff, v. FINDINGS AND RECOMMENDATIONS P. COVELLO, et al., Defendants. 15 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On October 10, 2023, defendant filed a motion for summary judgment. ECF No. 53. On November 6, 2023, plaintiff was granted a sixty-day extension of time to respond to the motion. ECF No. 55. After failing to file a response, plaintiff was ordered to file an opposition or a statement of non-opposition within twenty-one days and advised 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). ECF No. 56. Plaintiff then sought a fifteen-day extension of time to file his opposition. ECF No. 57. The motion was granted. ECF No. 58. Plaintiff was cautioned that no…