Williams v. Sacramento Police Department et al

Filing 40

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/21/15 ORDERING that the Clerk of the Court assign a district court judge to this case; and it is RECOMMENDED that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER WILLIAMS,

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No. 2:13-cv-1929 CKD P

Plaintiff,
v.

ORDER AND

SACRAMENTO POLICE
DEPARTMENT, et al.,

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FINDINGS AND RECOMMENDATIONS

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 October 24, 2014, defendants filed a motion for summary judgment. On

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December 1, 2014, plaintiff was ordered to file an opposition or a statement of non-opposition to

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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.

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For the foregoing reasons, IT IS HERBY ORDERED that the Clerk of the Court assign a
district court judge to this case; and
IT IS HEREBY RECOMMENDED that this action be dismissed 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 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: January 21, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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will1929.46fr

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