Moreno v. Medina et al

Filing 151

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/5/2015 RECOMMENDING that this action be dismissed. Referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARK ANTHONY MORENO, 12 13 14 No. 2:08-cv-1344-JAM-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS DAVID MEDINA, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. On April 2, 2014, defendants Hitchcock, James and Medina filed a motion for 19 summary judgment and informed plaintiff of the requirements for opposing a motion for 20 summary judgment. See Fed. R. Civ. P. 56; Rand v. Rowland, 154 F.3d 952, 962-63 (9th Cir. 21 1998). After multiple extensions of time, the court granted plaintiff a final extension of thirty 22 days from October 17, 2014, in which to file his opposition. See ECF No. 149. That time for 23 acting passed and plaintiff failed to file an opposition or a statement of non-opposition to the 24 motion. 25 On December 4, 2014, the court warned plaintiff that failure to respond to the motion 26 could result in a recommendation that this action be dismissed. See Fed. R. Civ. P. 41(b). The 27 court also granted plaintiff a 14-day extension of time to respond. The time for acting has once 28 again passed and plaintiff has not filed an opposition, a statement of non-opposition, or otherwise 1 1 responded to the court’s order. Plaintiff has disobeyed this court’s orders and failed to prosecute 2 this action. The appropriate action is dismissal without prejudice. 3 4 Accordingly, it is hereby RECOMMENDED that this action be dismissed. See Fed. R. Civ. P. 41(b); E.D. Cal. Local Rule 110, 183(b). 5 These findings and recommendations are submitted to the United States District Judge 6 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 7 after being served with these findings and recommendations, any party may file written 8 objections with the court and serve a copy on all parties. Such a document should be captioned 9 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 10 within the specified time may waive the right to appeal the District Court’s order. Turner v. 11 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 12 Dated: January 5, 2015. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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