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