Aidnik v. O'Conner et al
Filing
32
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/6/11 RECOMMENDING that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). Referred to Judge William B. Shubb; Objections to F&R due within 14 days.(Dillon, M)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
JEFF AIDNIK
11
12
13
Plaintiff,
No. 2:09-cv-2271 WBS KJN (TEMP) P
vs.
SHAWN O’CONNER, et al.
14
Defendants.
15
FINDINGS AND RECOMMENDATIONS
/
16
Plaintiff is a state prisoner proceeding without counsel in a civil rights action
17
pursuant to 42 U.S.C. § 1983. On February 16, 2011, defendants filed a motion to dismiss. On
18
April 1, 2011, plaintiff was ordered to file an opposition or a statement of non-opposition to the
19
pending motion within thirty days. In the same order, plaintiff was informed that failure to file
20
an 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
Therefore, IT IS HEREBY RECOMMENDED that this action be dismissed
pursuant to Federal Rule of Civil Procedure 41(b).
These findings and recommendations are submitted to the United States District
Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen
1
1
days after being served with these findings and recommendations, any party may file written
2
objections with the court and serve a copy on all parties. Such a document should be captioned
3
“Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the
4
objections shall be filed and served within seven days after service of the objections. The parties
5
are advised that failure to file objections within the specified time may waive the right to appeal
6
the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
7
DATED: June 6, 2011
8
9
10
_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
11
12
aidn2271.46fr
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?