Pope v. Garcia et al

Filing 28

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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JACOBY POPE,

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Plaintiff,

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vs.

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No. CIV S-11-0101 LKK GGH P

R. GARCIA, et al.,

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Defendant.

FINDINGS AND RECOMMENDATIONS
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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

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opposition or to file a statement of no opposition may be deemed a waiver of any opposition to

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the granting of the motion . . . .” By order filed on May 24, 2011, plaintiff was advised of the

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requirements for filing an opposition to a motion to dismiss and that failure to oppose such a

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motion may be deemed a waiver of opposition to the motion.

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Accordingly, plaintiff’s failure to oppose should be deemed a waiver of

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opposition to the granting of the motion. In the alternative, the court has reviewed the motion

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and finds that it has merit. IT IS HEREBY RECOMMENDED that the July 27, 2011 (docket #

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15), motion to dismiss filed by defendants Breckenridge, McKnight, Wray and Barbour be
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granted.

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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, 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.” Any reply to the objections

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shall be served and filed within fourteen days after service of the objections. The parties are

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advised that failure to file objections within the specified time may waive the right to appeal the

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District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: October 4, 2011

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
GGH:009
pope0101.46

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