Knight

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 OMAR MARTIN, Case No. 1:22-cv-01582-KES-BAM (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS

RECOMMENDING DISMISSAL OF

13 v.

ACTION, WITHOUT PREJUDICE, FOR

14 KNIGHT, et al., FAILURE TO PROSECUTE AND FAILURE

TO OBEY COURT ORDER

15 Defendants. (ECF No. 43) 16

FOURTEEN (14) DAY DEADLINE

17 18 19 Plaintiff Omar Martin (“Plaintiff”) is a state prisoner proceeding pro se and in forma 20 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on 21 Plaintiff’s first amended complaint against Defendant Knight (“Defendant”) for deliberate 22 indifference in violation of the Eighth Amendment for the incident on April 10, 2020. 23 I. Background 24 On January 26, 2024, Defendant filed a motion for summary judgment on the grounds that 25 Plaintiff failed to exhaust his administrative remedies prior to filing suit. (ECF No. 40.) In the 26 Court’s second information order, Plaintiff was provided with notice of the requirements for…