Covello

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 JASON ERIK SCHMAUS, No. 2:20-cv-1356 DJC AC P 11 Plaintiff, 12 v. FINDINGS AND RECOMMENDATIONS 13 P. COVELLO, et al., 14 Defendants. 15 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 17 U.S.C. § 1983. On October 10, 2023, defendant filed a motion for summary judgment. ECF No. 18 53. On November 6, 2023, plaintiff was granted a sixty-day extension of time to respond to the 19 motion. ECF No. 55. After failing to file a response, plaintiff was ordered to file an opposition 20 or a statement of non-opposition within twenty-one days and advised that failure to file an 21 opposition would result in a recommendation that this action be dismissed without prejudice for 22 failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). ECF No. 56. Plaintiff 23 then sought a fifteen-day extension of time to file his opposition. ECF No. 57. The motion was 24 granted. ECF No. 58. Plaintiff was cautioned that no…