Pope v. Garcia et al
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 10/4/2011 RECOMMENDING that dfts' 15 motion to dismiss be granted. Referred to Judge Lawrence K. Karlton; Objections due w/in 14 days. (Yin, K)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
No. CIV S-11-0101 LKK GGH P
R. GARCIA, et al.,
FINDINGS AND RECOMMENDATIONS
On July 27, 2011, defendants Breckenridge, McKnight, Wray and Barbour filed a
motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6). Plaintiff has not opposed the motion.
Local Rule 230(l) provides in part: “Failure of the responding party to file written
opposition or to file a statement of no opposition may be deemed a waiver of any opposition to
the granting of the motion . . . .” By order filed on May 24, 2011, plaintiff was advised of the
requirements for filing an opposition to a motion to dismiss and that failure to oppose such a
motion may be deemed a waiver of opposition to the motion.
Accordingly, plaintiff’s failure to oppose should be deemed a waiver of
opposition to the granting of the motion. In the alternative, the court has reviewed the motion
and finds that it has merit. IT IS HEREBY RECOMMENDED that the July 27, 2011 (docket #
15), motion to dismiss filed by defendants Breckenridge, McKnight, Wray and Barbour be
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
days after being served with these findings and recommendations, any party may file written
objections with the court and serve a copy on all parties. Such a document should be captioned
“Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections
shall be served and filed within fourteen days after service of the objections. The parties are
advised that failure to file objections within the specified time may waive the right to appeal the
District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
DATED: October 4, 2011
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
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