Goodno v. Heatley, et. al.

Filing 20

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/29/13 ORDERING that the clerk of the court assign a district court judge to this case. U.S. District Court Judge Morrison C. England Jr. randomly assigned to this case. Also, RECOMMENDING that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). Referred to Judge Morrison C. England Jr. 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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DAVID GOODNO,

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Plaintiff,

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v.

No. 2:12-cv-2535 CKD P
ORDER AND
FINDINGS AND RECOMMENDATIONS

SCOTT HEATLEY, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42

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U.S.C. § 1983. On August 16, 2013, defendants filed a motion for summary judgment. On

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September 17, 2013, plaintiff was ordered to file an opposition or a statement of non-opposition

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to the pending motion within thirty days. In the same order, plaintiff was informed that failure to

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file an opposition would result in a recommendation that this action be dismissed pursuant to Fed.

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R. Civ. P. 41(b). The thirty day period has now expired, and plaintiff has not responded to the

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court’s order.
Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district

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court judge to this case; and
IT IS HEREBY RECOMMENDED that this action be dismissed pursuant to Federal Rule

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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: October 29, 2013

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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