(PC) Smith v. Municipality of Fresno County

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GARY PAUL SMITH, No. 2:21-cv-01992 DJC AC 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 MUNICIPALTY OF FRESNO COUNTY, et al., 15 Defendants. 16 17 Plaintiff is a former state prisoner proceeding pro se with a civil rights action pursuant to 18 42 U.S.C. § 1983. On January 20, 2023 defendants filed a motion for summary judgment. The 19 matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and 20 Local Rule 302. 21 On June 7, 2023, August 16, 2023, and finally on March 27, 2024 plaintiff was ordered to 22 submit an in forma pauperis application for a non-prisoner as well as a proper opposition to the 23 pending motion for summary judgment. ECF Nos. 145, 149, 154. Plaintiff was repeatedly 24 warned that his failure to timely comply would result in a recommendation that this action be 25 dismissed without prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 26 41(b). Despite multiple extensions of…