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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JACOBY POPE, 11 Plaintiff, 12 vs. 13 No. CIV S-11-0101 LKK GGH P R. GARCIA, et al., 14 15 16 17 18 Defendant. 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 19 opposition or to file a statement of no opposition may be deemed a waiver of any opposition to 20 the granting of the motion . . . .” By order filed on May 24, 2011, plaintiff was advised of the 21 requirements for filing an opposition to a motion to dismiss and that failure to oppose such a 22 motion may be deemed a waiver of opposition to the motion. 23 Accordingly, plaintiff’s failure to oppose should be deemed a waiver of 24 opposition to the granting of the motion. In the alternative, the court has reviewed the motion 25 and finds that it has merit. IT IS HEREBY RECOMMENDED that the July 27, 2011 (docket # 26 15), motion to dismiss filed by defendants Breckenridge, McKnight, Wray and Barbour be 1 1 granted. 2 These findings and recommendations are submitted to the United States District 3 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 4 days after being served with these findings and recommendations, any party may file written 5 objections with the court and serve a copy on all parties. Such a document should be captioned 6 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 7 shall be served and filed within fourteen days after service of the objections. The parties are 8 advised that failure to file objections within the specified time may waive the right to appeal the 9 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 DATED: October 4, 2011 11 12 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE GGH:009 pope0101.46 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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