Fisher v. Cappel et al
Filing
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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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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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KEVIN FISHER,
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Plaintiff,
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No. 2:13-cv-0642 GEB AC P
v.
FINDINGS AND RECOMMENDATIONS
R. CAPPEL, 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 March 10, 2015, defendants filed a motion for summary judgment. ECF No.
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26. On April 16, 2015, plaintiff was ordered to file an opposition or a statement of non-
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opposition to the pending motion within twenty-one days. ECF No. 27. In the same order,
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plaintiff was informed that failure to file an opposition would result in a recommendation that this
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action be dismissed without prejudice for failure to prosecute pursuant to Federal Rule of Civil
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Procedure 41(b). The twenty-one-day period has now expired, and plaintiff has not responded to
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the court’s order.
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For the foregoing reasons, IT IS HEREBY RECOMMENDED that this action be
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dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b). See Local Rule
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110.
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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: May 21, 2015
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