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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SEAN NICHOLAS COYLE, 12 Plaintiff, 13 14 No. 2:12-cv-2446-JAM-EFB P v. FINDINGS AND RECOMMENDATIONS MATTHEW CATES, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. On March 5, 2014, defendants filed a motion to dismiss for failure to state a claim 19 pursuant to Fed. R. Civ. P. 12(b)(6), and for a more definite statement under Fed. R. Civ. P. 12(e). 20 The time for acting passed, and plaintiff failed to file an opposition or otherwise respond to the 21 motion. 22 On April 3, 2014, the court warned plaintiff that failure to respond to the motion could 23 result in a recommendation that this action be dismissed. See Fed. R. Civ. P. 41(b). The court 24 also granted plaintiff a 21-day extension of time to respond. By order filed April 29, 2014, 25 plaintiff was granted an additional extension of thirty days to file his opposition. 26 ///// 27 ///// 28 ///// 1 1 The time for acting has once again passed and plaintiff has not filed an opposition, a 2 statement of no opposition, or otherwise responded to the court’s order. Plaintiff has disobeyed 3 this court’s orders and failed to prosecute this action. The appropriate action is dismissal without 4 prejudice. 5 6 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). 7 These findings and recommendations are submitted to the United States District Judge 8 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 9 after being served with these findings and recommendations, any party may file written 10 objections with the court and serve a copy on all parties. Such a document should be captioned 11 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 12 within the specified time may waive the right to appeal the District Court’s order. Turner v. 13 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 14 Dated: June 3, 2014. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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