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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARK ANTHONY MORENO,

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No. 2:08-cv-1344-JAM-EFB P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

DAVID MEDINA, et al.,

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Defendants.

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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 2, 2014, defendants Hitchcock, James and Medina filed a motion for

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summary judgment and informed plaintiff of the requirements for opposing a motion for

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summary judgment. See Fed. R. Civ. P. 56; Rand v. Rowland, 154 F.3d 952, 962-63 (9th Cir.

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1998). After multiple extensions of time, the court granted plaintiff a final extension of thirty

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days from October 17, 2014, in which to file his opposition. See ECF No. 149. That time for

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acting passed and plaintiff failed to file an opposition or a statement of non-opposition to the

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motion.

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On December 4, 2014, the court warned plaintiff that failure to respond to the motion

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could result in a recommendation that this action be dismissed. See Fed. R. Civ. P. 41(b). The

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court also granted plaintiff a 14-day extension of time to respond. The time for acting has once

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again passed and plaintiff has not filed an opposition, a statement of non-opposition, or otherwise
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responded to the court’s order. Plaintiff has disobeyed this court’s orders and failed to prosecute

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this action. The appropriate action is dismissal without prejudice.

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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).

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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: January 5, 2015.

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