Develder v. Hirshler et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/22/2017 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Troy L. Nunley; Objections to F&R 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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MICHAEL J. DEVELDER,
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Plaintiff,
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v.
No. 2:09-cv-1803-TLN-EFB P
FINDINGS AND RECOMMENDATIONS
J. HIRSCHLER, et al.,
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 October 21, 2016, defendant Hirshler filed a motion for summary judgment,
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ECF No. 65, which also 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). The time allowed for responding to the motion expired, and plaintiff failed to file an
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opposition or otherwise respond to the motion.
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On January 25, 2017, the court warned plaintiff that failure to respond to defendant’s
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motion could result in a recommendation that this action be dismissed. See Fed. R. Civ. P. 41(b).
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The court also granted plaintiff a 21-day extension of time to respond. The time for acting has
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once again passed and plaintiff has not filed an opposition, a statement of no opposition, or
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otherwise responded to the court’s order. Plaintiff has disobeyed this court’s orders and failed to
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prosecute this action. The appropriate action is dismissal without prejudice.
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Accordingly, it is hereby RECOMMENDED that this action be dismissed without
prejudice. See Fed. R. Civ. P. 41(b); E.D. Cal. Local Rule 110.
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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: February 22, 2017.
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