Coyle v. Cates et al

Filing 35

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 06/03/14 recommending that this action be dismissed without prejudice. Referred to Judge John A. Mendez. 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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SEAN NICHOLAS COYLE,

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Plaintiff,

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No. 2:12-cv-2446-JAM-EFB P

v.

FINDINGS AND RECOMMENDATIONS

MATTHEW CATES, 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 March 5, 2014, defendants filed a motion to dismiss for failure to state a claim

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pursuant to Fed. R. Civ. P. 12(b)(6), and for a more definite statement under Fed. R. Civ. P. 12(e).

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The time for acting passed, and plaintiff failed to file an opposition or otherwise respond to the

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motion.

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On April 3, 2014, the court warned plaintiff that failure to respond to the motion could

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

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also granted plaintiff a 21-day extension of time to respond. By order filed April 29, 2014,

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plaintiff was granted an additional extension of thirty days to file his opposition.

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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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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: June 3, 2014.

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