McGuckin
Lee v. McGuckin
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PERRIS J. LEE, Case No. 18-cv-03689-HSG Plaintiff, ORDER OF DISMISSAL v. E.KNOX, et al., Defendants. 12 Plaintiff filed this pro se civil rights action under 42 U.S.C. § 1983, alleging that, on April 12, 2015, Salinas Valley State Prison (“SVSP”) officers Knox, Curry III, Medina, Streeper, Gasca, and McGuckin physically attacked him, in violation of the Eighth Amendment’s prohibition against the use of excessive force. Dkt. Nos. 1, 7, 10. For the reasons set forth below, this action is DISMISSED without prejudice for failure to prosecute. DISCUSSION I. Background On January 3, 2022, Defendants notified the Court that, since March 19, 2021, Plaintiff had failed to respond to Defendants’ discovery requests and has not sought an extension of time to respond. Dkt. No. 61. On January 5, 2022, Defendants filed a motion for summary judgment, arguing that the Court should deem admitted Defendants’…