Dearmon v. Iwanick et al

Filing 88

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 6/22/11, RECOMMENDING that this action be dismissed pursuant to FRCP 41(b). Matter referred to Judge England. Within 14 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Any response to the objections shall be filed and served within seven days after service of the objections. (Kastilahn, A)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

ROBERT EARL DEARMON,

11

Plaintiff,

12
13

No. CIV S-08-2834 MCE DAD (TEMP) P

vs.
S. IWANICK, et al.,

14

Defendants.

15

FINDINGS AND RECOMMENDATIONS
/

16

Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to

17

42 U.S.C. § 1983. On February 24, 2011, defendants filed a motion for summary judgment. On

18

May 10, 2011, plaintiff was ordered to file an opposition or a statement of non-opposition to the

19

motion within thirty days.1 In the same order, plaintiff was informed that failure to file an

20

opposition would result in a recommendation that this action be dismissed pursuant to Fed. R.

21

Civ. P. 41(b). The thirty day period has now expired and plaintiff has not responded to the

22

court’s order.

23

/////

24
25
26

1

Although it appears from the file that plaintiff’s copy of the May 10, 2011, order was
returned, plaintiff was properly served. It is the plaintiff’s responsibility to keep the court
apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents
at the record address of the party is fully effective.

1
2

For the foregoing reasons, IT IS HEREBY RECOMMENDED that this action be
dismissed pursuant to Federal Rule of Civil Procedure 41(b).

3

These findings and recommendations are submitted to the United States District

4

Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen

5

days 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.” Any response to the

8

objections shall be filed and served within seven days after service of the objections. The parties

9

are advised that failure to file objections within the specified time may waive the right to appeal

10

the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

11

DATED: June 22, 2011.

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

DAD:kc
dear2834.mfr