Moreno

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MATTHEW H. BECKETT, Case No. 1:20-cv-01427-BAM (PC) Plaintiff, ORDER DISMISSING ACTION, WITHOUT

PREJUDICE, FOR FAILURE TO

v.

PROSECUTE AND FAILURE TO OBEY

MORENO, et al., COURT ORDERS

Defendants. (ECF No. 58, 62) 16 17 Plaintiff Matthew H. Beckett (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s first amended complaint against Defendants Sedillo and Moreno (“Defendants”) for excessive force in violation of the Eighth Amendment for the incident on October 21, 2018, for force used after the time Plaintiff lost consciousness. All parties have consented to Magistrate Judge jurisdiction. (ECF No. 45.) For the reasons that follow, the Court orders that this action be dismissed, without prejudice. I. Background On July 16, 2021, Defendants filed a motion for summary judgment on the ground that 27 …