Arocha v. Sauceda et al

Filing 104

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 02/25/14 recommending that the motion to dismiss 98 filed by defendants Hart and Munoz be granted. MOTION to DISMISS 98 referred to Judge Lawrence K. Karlton. 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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RUDY AROCHA,

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No. 2:11-cv-2959 LKK KJN P

Plaintiff,
v.

FINDINGS & RECOMMENDATIONS

E. SAUCEDA, et al.,
Defendants.

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On January 14, 2014, defendants Hart and Munoz filed a motion to dismiss pursuant to
Fed. R. Civ. P. 12(b) and (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 . . . .” On June 11, 2013, plaintiff was advised of the requirements for

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filing an opposition to a motion to dismiss and that failure to oppose such a motion may be

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deemed a waiver of opposition to the motion.

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

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granting of the motion. IT IS HEREBY RECOMMENDED that the motion to dismiss (ECF No.

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98) filed by defendants Hart and Munoz be granted.

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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: February 25, 2014

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Ar2959.46

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