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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHNATHAN SETH HARPER, Case No. 1:21-cv-00558-JLT-HBK (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS ACTION WITHOUT PREJUDICE1

13 v. 14-DAY DEADLINE 14 WELL PATH, et al., 15 Defendants. 16 17 Plaintiff Johnathan Seth Harper is a former state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action. For the reasons set forth below, the undersigned recommends 19 that the District Court dismiss this action without prejudice for Plaintiff’s failure to comply with a 20 court order and prosecute this action. 21 BACKGROUND 22 Plaintiff initiated this action by filing a civil rights complaint under 42 U.S.C. § 1983. 23 (Doc. No. 1, “Complaint”). Prior to screening, Plaintiff filed a First Amended Complaint. (Doc. 24 No. 18, “FAC”). On September 12, 2023, pursuant to 28 U.S.C. § 1915A the Court issued a 25 screening order finding the FAC failed to state a federal claim against any Defendant. (See 26 generally Doc. No.…