Garcia v. Clark, et al.

Filing 136

FINDINGS and RECOMMENDATIONS recommending that that Defendants' 132 Motion to Dismiss, filed October 4, 2013, be DENIED as untimely ; referred to Judge O'Neill,signed by Magistrate Judge Dennis L. Beck on 11/21/2013. Objections to F&R due by 12/26/2013 (Martin-Gill, S)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

EASTERN DISTRICT OF CALIFORNIA

7
8
9

CASE No. 1:10-cv-00447-LJO-DLB PC
WILLIAM P. GARCIA,
Plaintiff

10
v.

11
12

KEN CLARK, et al.,

FINDINGS AND RECOMMENDATIONS,
RECOMMEDING DENYING
DEFENDANTS’ MOTION TO DISMISS AS
UNTIMELY
(Doc. 132)

Defendants.

13

FOURTEEN-DAY DEADLINE

14

Plaintiff William P. Garcia, a state prisoner proceeding pro se and in forma pauperis, filed

15

this civil rights action pursuant to 42 U.S.C. § 1983 on March 12, 2010. On October 4, 2013,

16

Defendants filed a motion to dismiss. (ECF No. 132.) The deadline for filing dispositive motions

17

was December 15, 2011. (ECF No. 22 at 2.) Defendants’ motion to dismiss was filed nearly two

18

years after the deadline for dispositive motions had passed, and Defendants fail to provide any

19

reason why the Court should modify the original scheduling order.
Accordingly, it is HEREBY RECOMMENDED that Defendants’ motion to dismiss, filed

20
21

October 4, 2013, be DENIED as untimely.

22

These findings and recommendations will be submitted to the United States District Judge

23

assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14)

24

days after being served with these findings and recommendations, Plaintiff may file written

25

objections with the Court. The document should be captioned “Objections to Magistrate Judge’s

26

Findings and Recommendations.” Plaintiff is advised that failure to file objections within the

27

///

28

///

1

specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d

2

1153 (9th Cir. 1991).

3
4

IT IS SO ORDERED.

5
6
7

Dated:

/s/ Dennis

November 21, 2013

L. Beck

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

3b142a

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2