Mwasi v. Corcoran State Prison

Filing 94

ORDER Reinstating August 17, 2017 Findings and Recommendations to Grant Defendants' Motion for Summary Judgment signed by Magistrate Judge Jennifer L. Thurston on 12/05/2017. Objections to F&R due by 1/2/2018. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KING MWASI, 12 13 14 Case No. 1:13-cv-00695-DAD-JLT (PC) Plaintiff, v. ORDER REINSTATING AUGUST 17, 2017 FINDINGS AND RECOMMENDATIONS TO GRANT DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT CORCORAN STATE PRISON, et al (Docs. 83, 87, 92) 15 Defendant. 21-DAY OBJECTION DEADLINE 16 17 On May 30, 2017, Defendants filed a motion for summary judgment contending that 18 Plaintiff violated 42 U.S.C. § 1997e(a) because he failed to exhaust the available administrative 19 remedies prior to filing this action. (Doc. 83.) Despite lapse of more than a month beyond the 20 allowed time, Plaintiff filed neither an opposition, nor a statement of opposition to Defendants’ 21 motion. Thus, on August 17, 2017, Findings and Recommendations issued to grant Defendants’ 22 motion. (Doc. 87.) Roughly 10 days later, Plaintiff filed a motion seeking a 60-day extension of 23 time to file an opposition to Defendants’ motion. (Doc. 88.) 24 Good cause was found, the August 17, 2017 F&R was withdrawn, and Plaintiff was given 25 a 60 day extension of time to file an opposition to Defendants’ motion in an order which issued 26 on September 15, 2017. (Doc. 92.) That order stated that Plaintiff’s failure to file an opposition 27 or statement of non-opposition to Defendants’ motion within the time granted would result in 28 reinstatement of the August 17, 2017 F&R. (Id.) More than 60 days have lapsed since the order 1 1 granting Plaintiff’s extension issued and Plaintiff has not filed an opposition or statement of non- 2 opposition to Defendants’ motion; nor any other response to the Court’s September 15, 2017 3 order. 4 5 6 Accordingly, the Findings and Recommendations to grant Defendants’ motion for summary judgment which issued on August 17, 2017, (Doc. 87), are REINSTATED. The August 17, 2017 Findings and Recommendations will be submitted to the United 7 States District Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 8 636(b)(l). Within 21 days after being served with these Findings and Recommendations, the 9 parties may file written objections with the Court. Local Rule 304(b). The document should be 10 captioned “Objections to Magistrate Judge’s Findings and Recommendations.” The parties are 11 advised that failure to file objections within the specified time may result in the waiver of rights 12 on appeal. Wilkerson, 772 F.3d at 838-39 (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th 13 Cir. 1991)). 14 15 16 17 IT IS SO ORDERED. Dated: December 5, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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