Morris v. Bradford et al

Filing 75

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 05/10/16 recommending that this action be dismissed without prejudice pursuant to FRCP 41(b). Referred to Judge Troy L. Nunley. 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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LEON E. MORRIS,

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No. 2:11-cv-1171 TLN CKD P (TEMP)

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

BRADFORD, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se with this civil rights action brought pursuant

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to 42 U.S.C. § 1983. On January 14, 2016, defendants filed a motion for summary judgment. On

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February 5, 2016, plaintiff filed a motion for a sixty-day (60) extension of time to oppose

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defendants’ motion, which this court granted. That sixty-day period expired, and plaintiff did not

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oppose or otherwise respond to the motion. On April 21, 2016, the court ordered plaintiff to

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show cause in writing within fourteen days why this court should not grant the pending motion

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for summary judgment. The court cautioned plaintiff that his failure to file an opposition would

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result in a recommendation that this action be dismissed. That fourteen-day period has now

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expired, and plaintiff has not opposed defendants’ motion for summary judgment or responded to

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the court’s order.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice 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: May 10, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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ec
morr1171.ftp

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