(PC) Davis v. California Department of Corrections and Rehabilitation

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 AARON GENE DAVIS, Case No. 1:21-cv-01769-JLT-HBK (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS ACTION WITHOUT PREJUDICE1

13 v. 14-DAY DEADLINE 14 CDCR, et al., 15 Defendants. 16 17 Plaintiff Aaron Gene Davis is a state prisoner proceeding pro se in this civil rights action. 18 For the reasons set forth below, the undersigned recommends that the District Court dismiss this 19 action without prejudice for Plaintiff’s failure to comply with a court order and prosecute this 20 action. 21 BACKGROUND 22 Plaintiff initiated this action by filing a civil rights complaint under 42 U.S.C. § 1983 in 23 the Northern District of California, which was subsequently transferred to the Fresno Division of 24 this Court. (Doc. No. 7, “Complaint”); (Doc. No. 10). On August 16, 2023, pursuant to 28 25 U.S.C. § 1915A the Court issued a screening order finding the Complaint failed to state a federal 26 claim against any Defendant. (See generally Doc.…