Cottrell v. Cook et al

Filing 71

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 7/12/11 recommending that this action be dismissed without prejudice. Objections to F&R due within 14 days. (Matson, R)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL M. COTTRELL, Plaintiff, 11 12 13 14 15 16 No. CIV S-07-2574 GEB EFB P vs. R.K. WONG, et al., Defendants. FINDINGS AND RECOMMENDATIONS / Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 17 U.S.C. § 1983. On April 5, 2011, defendant filed a motion for terminating sanctions pursuant to 18 Fed. R. Civ. P. 37(a)(3)(B). Plaintiff did not oppose the motion. 19 Accordingly, on May 24, 2011, the court advised plaintiff of the requirements for filing 20 an opposition to the motion, that failure to file a written opposition or a statement of no 21 opposition may be deemed a waiver of any opposition to the motion, gave plaintiff 30 days to 22 file an opposition or statement of non-opposition and warned him that failure to do so could 23 result in dismissal. See Fed. R. Civ. P. 41(b). The time for acting has passed and plaintiff has 24 not filed an opposition or a statement of no opposition. 25 26 Plaintiff has disobeyed this court’s orders and failed to prosecute this action. The appropriate sanction is dismissal without prejudice. 1 1 2 Accordingly, it is RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. P. 41(b). 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, any party may file written 6 objections with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 8 within the specified time may waive the right to appeal the District Court’s order. Turner v. 9 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 Dated: July 12, 2011. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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