Moreno

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MATTHEW H. BECKETT, Case No. 1:20-cv-01427-BAM (PC) 12 Plaintiff, ORDER DISMISSING ACTION, WITHOUT

PREJUDICE, FOR FAILURE TO

13 v.

PROSECUTE AND FAILURE TO OBEY

14 MORENO, et al., COURT ORDERS

15 Defendants. (ECF No. 58, 62) 16 17 18 Plaintiff Matthew H. Beckett (“Plaintiff”) is a state prisoner proceeding pro se and in 19 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on 20 Plaintiff’s first amended complaint against Defendants Sedillo and Moreno (“Defendants”) for 21 excessive force in violation of the Eighth Amendment for the incident on October 21, 2018, for 22 force used after the time Plaintiff lost consciousness. All parties have consented to Magistrate 23 Judge jurisdiction. (ECF No. 45.) For the reasons that follow, the Court orders that this action be 24 dismissed, without prejudice. 25 I. Background 26 On July 16, 2021, Defendants filed a motion for summary judgment on the ground that 27 …