Hughes v. CDCR

Filing 68

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/10/15 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BERNARD HUGHES,

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Plaintiff,

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No. 2:11-cv-1856-KJM-EFB P

v.

FINDINGS AND RECOMMENDATIONS

MARTIN H. JANSEN, M.D., et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. On October 7, 2015, defendant Jansen filed a motion to dismiss. See Fed. R. Civ.

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P. 12(b)(6). The time for acting passed, and plaintiff failed to file an opposition or otherwise

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respond to the motion.

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On November 16, 2015, the court warned plaintiff that failure to respond to the motion

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could result in a recommendation that this action be dismissed. See Fed. R. Civ. P. 41(b). The

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court also granted plaintiff a 21-day extension of time to respond.
The time for acting has once again passed and plaintiff has not filed an opposition, a

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statement of no opposition, or otherwise responded to the court’s order. Plaintiff has disobeyed

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this court’s orders and failed to prosecute this action. The appropriate action is dismissal without

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prejudice.

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/////
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Accordingly, it is hereby RECOMMENDED that this action be dismissed without
prejudice. See Fed. R. Civ. P. 41(b); E.D. Cal. Local Rule 110, 183(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.” Failure to file objections

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within the specified time may waive the right to appeal the District Court’s order. Turner v.

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Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: December 10, 2015.

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