Jones v. David, et al

Filing 85

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/23/2013 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England, 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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MALIK JONES,

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Plaintiff,

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vs.

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No. 2:09-cv-3174 MCE CKD P

A. DAVID, et al.,

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FINDINGS & RECOMMENDATIONS

Defendants.

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/

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By order filed March 12, 2013, plaintiff was directed to file an opposition to

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defendants’ November 30, 2012 motion for summary judgment within thirty days. Plaintiff was

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advised that failure to file an opposition would be deemed as a statement of non-opposition and

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would result in a recommendation that this action be dismissed pursuant to Federal Rule of Civil

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Procedure 41(b). (Dkt. No. 82.) The thirty-day period has now expired, and plaintiff has not

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filed an opposition.1

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed

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without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).

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\\\\\

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Nothing in the district court’s order of April 10, 2013 absolved plaintiff of the duty to
respond to the motion for summary judgment as previously ordered.
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These findings and recommendations are submitted to the United States District

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

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days after being served with these findings and recommendations, plaintiff may file written

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objections with the court. The document should be captioned “Objections to Magistrate Judge’s

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Findings and Recommendations.” Plaintiff is advised that failure to file objections within the

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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951

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F.2d 1153 (9th Cir. 1991).

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Dated: April 23, 2013

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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jone3174.ftopp

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