Davenport v. Lee et al

Filing 79

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 7/24/2012 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections due within 14 days. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONALD DAVENPORT,
Plaintiff,

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vs.

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No. 2:09-cv-3091 GEB EFB P

BEN LEE, et al.,
Defendants.

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ORDER
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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 26, 2012, defendant Sahota filed a motion for summary judgment. See

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Fed. R. Civ. P. 56. Plaintiff has not filed an opposition or a statement of no opposition to the

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motion. On June 22, 2012 the court granted plaintiff an extension of time to file an opposition or

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statement of non-opposition and warned plaintiff that failure to do so could result in a

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recommendation that this action be dismissed. The time for acting has passed and plaintiff has

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not filed an opposition or a statement of no opposition.
Plaintiff has been warned that he must file a response to defendant’s motion. Plaintiff

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has disobeyed this court’s orders and failed to prosecute this action.

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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: July 24, 2012.

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