Fisher v. Cappel et al

Filing 28

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 05/21/15 recommending that this action be dismissed without prejudice pursuant to FRCP 41(b). Referred to Judge Garland E. Burrell. 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 KEVIN FISHER, 12 Plaintiff, 13 14 No. 2:13-cv-0642 GEB AC P v. FINDINGS AND RECOMMENDATIONS R. CAPPEL, et al., 15 Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 17 18 U.S.C. § 1983. On March 10, 2015, defendants filed a motion for summary judgment. ECF No. 19 26. On April 16, 2015, plaintiff was ordered to file an opposition or a statement of non- 20 opposition to the pending motion within twenty-one days. ECF No. 27. In the same order, 21 plaintiff was informed that failure to file an opposition would result in a recommendation that this 22 action be dismissed without prejudice for failure to prosecute pursuant to Federal Rule of Civil 23 Procedure 41(b). The twenty-one-day period has now expired, and plaintiff has not responded to 24 the court’s order. 25 For the foregoing reasons, IT IS HEREBY RECOMMENDED that this action be 26 dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b). See Local Rule 27 110. 28 //// 1 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 3 after being served with these findings and recommendations, any party may file written 4 objections with the court and serve a copy on all parties. Such a document should be captioned 5 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 6 objections shall be filed and served within fourteen days after service of the objections. The 7 parties are advised that failure to file objections within the specified time may waive the right to 8 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 DATED: May 21, 2015 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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