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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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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