Baker v. High Desert State Prison, Warden et al

Filing 87

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/22/12 recommending that this action be dismissed without prejudice. Referred to Judge Lawrence K. Karlton. Objections due within 14 days. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JERRY W. BAKER,
Plaintiff,

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No. 2:10-cv-0640 LKK EFB P

vs.

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HIGH DESERT STATE PRISON, et al.,

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Defendants.

FINDINGS AND RECOMMENDATION
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Plaintiff is a former county inmate proceeding without counsel in an action brought under

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42 U.S.C. § 1983. On August 23, 2012, defendants filed a motion for summary judgment and

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informed plaintiff of the requirements for opposing a motion for summary judgment. See Fed. R.

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Civ. P. 56; Rand v. Rowland, 154 F.3d 952, 962-63 (9th Cir. 1998). Plaintiff has not filed an

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opposition or a statement of no opposition to the motion. On September 26, 2012, the court gave

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plaintiff twenty-one days to file an opposition or statement of non-opposition and warned him

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that failure to do so could result in a recommendation that this action be dismissed. See Fed. R.

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Civ. P. 41(b). The time for acting has passed and plaintiff has not filed an opposition, a

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statement of no opposition, or otherwise responded to the court’s order.

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Plaintiff has been warned that he must file a response to defendants’ motion. Plaintiff

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has disobeyed this court’s orders and failed to prosecute this action. It appears that plaintiff has

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abandoned the case. 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, 183(b).

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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: October 22, 2012.

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