(PC) Smith v. Municipality of Fresno County

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GARY PAUL SMITH, No. 2:21-cv-01992 DJC AC Plaintiff, v. FINDINGS AND RECOMMENDATIONS MUNICIPALTY OF FRESNO COUNTY, et al., 15 Defendants. 16 Plaintiff is a former state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On January 20, 2023 defendants filed a motion for summary judgment. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On June 7, 2023, August 16, 2023, and finally on March 27, 2024 plaintiff was ordered to submit an in forma pauperis application for a non-prisoner as well as a proper opposition to the pending motion for summary judgment. ECF Nos. 145, 149, 154. Plaintiff was repeatedly warned that his failure to timely comply would result in a recommendation that this action be dismissed without prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). Despite multiple extensions of…