Morris v. Jennings et al.

Filing 33

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 5/17/2016 RECOMMENDING that this action be DISMISSED without prejudice to Fed. R. Civ. P. 41(b). Referred to Judge Troy L. Nunley; Objections due within 14 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEON E. MORRIS,

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No. 2:13-cv-1134 TLN AC (TEMP) P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

JENNINGS, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se with this civil rights action brought pursuant

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to 42 U.S.C. § 1983. On January 21, 2016, defendants filed a motion to revoke plaintiff’s in

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forma pauperis status. On February 9, 2016, plaintiff filed a motion for a sixty-day (60) extension

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of time to oppose defendants’ motion, which this court granted. That sixty-day period expired,

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and plaintiff had not opposed or otherwise responded to the motion. On April 25, 2016, the court

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ordered plaintiff to show cause in writing within fourteen days why this court should not grant the

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pending motion for summary judgment. The court cautioned plaintiff that his failure to file an

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opposition would result in a recommendation that this action be dismissed. That fourteen-day

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period has now expired, and plaintiff has not opposed defendants’ motion for summary judgment

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or responded to the court’s order.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice pursuant to Federal Rule 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 seven days after service of the objections. The parties

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are advised that failure to file objections within the specified time may waive the right to appeal

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the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: May 17, 2016

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