1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL E. JACQUES, No. 2:25-cv-0827 CKD P 12 Plaintiff, 13 v. ORDER AND 14 D. INMAN, FINDINGS AND RECOMMENDATIONS 15 Defendant. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42

. On July 31, 2025, defendant filed a motion to dismiss. On September 4, 2025, 19 plaintiff was ordered to file an opposition or a statement of non-opposition to the pending motion 20 within thirty days. In the same order, plaintiff was informed that failure to file an opposition 21 would result in a recommendation that this action be dismissed pursuant to Fed. R. Civ. P. 41(b). 22 Plaintiff has not responded to the court’s order. 23 For the foregoing reasons, IT IS HEREBY ORDERED that the Clerk of the Court assign a 24 district court judge to this case. 25 IT IS HEREBY RECOMMENDED that this action be dismissed pursuant to Federal Rule 26 of Civil Procedure 41(b). 27 These findings and recommendations are submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of

(b)(l). Within fourteen days 1 | after being served with these findings and recommendations, any party may file written 2 || objections with the court and serve a copy on all parties. Such a document should be captioned 3 || “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 4 || objections shall be filed and served within fourteen days after service of the objections. The 5 || parties are advised that failure to file objections within the specified time may waive the right to 6 || appeal the District Court’s order. Martinez v. YIst,

(9th Cir. 1991). 7 | Dated: October 14, 2025 / hice CAROLYN K DELANEY? 9 UNITED STATES MAGISTRATE JUDGE 10 1] 12 jacq0827.46fr 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28