Chavez v. Granado

Filing 78

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 08/25/15 recommending that this action be dismissed pursuant to FRCP 41(b). MOTION for SUMMARY JUDGMENT 68 referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GUILLERMO CHAVEZ,

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No. 2:11-cv-1015 WBS CKD P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

GRANADOZ, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42

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U.S.C. § 1983. On February 2, 2015, defendants filed a motion for summary judgment. Plaintiff

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was granted five extensions of time to file an opposition or a statement of non-opposition to the

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motion, and was repeatedly informed that failure to do so would result in a recommendation that

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this action be dismissed pursuant to Fed. R. Civ. P. 41(b). (ECF Nos. 70, 72, 73, 75, and 77.) The

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time for filing an opposition or statement of non-opposition has expired.

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For the foregoing reasons, IT IS HEREBY RECOMMENDED that this action be
dismissed pursuant to Federal Rule of Civil Procedure 41(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.” Any response to the

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

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

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

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Dated: August 25, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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chav1015.frs

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