Garcia v. California Department of Correction & Rehabilitation, et al

Filing 120

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/22/18 RECOMMENDING that this action be dismissed without prejudice pursuant to Rule 41(b), Federal Rules of Civil Procedure. Referred to Judge John A. Mendez. 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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DANNY R. GARCIA,

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No. 2:13-cv-1952 JAM AC P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

C/O HEATH, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with this civil rights

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action filed pursuant 42 U.S.C. § 1983. By order filed December 7, 2017, this court directed

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plaintiff to file and serve his opposition to defendant’s pending motion for summary judgment

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within twenty-one days. See ECF No. 117. The court informed plaintiff that no further

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extensions of time would be accorded, and that failure to timely oppose defendant’s motion

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would result in the undersigned’s recommendation g that this action be dismissed without

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prejudice pursuant to Rule 41(b), Federal Rules of Civil Procedure. See id. at 8.

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The deadline for plaintiff to file and serve his opposition has passed. The only

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communication from plaintiff was a request for reconsideration, directed to the district judge, of

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this court’s denial of plaintiff’s request that the undersigned magistrate judge be disqualified from

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participating in this action. See ECF No. 118. The district judge denied plaintiff’s motion on

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January 19, 2018. See ECF No. 119.
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Accordingly, for the reasons set forth in the undersigned’s prior orders, see ECF Nos. 115

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& 117, including plaintiff’s failure to abide by court rules and orders, and failure to prosecute this

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case, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice pursuant

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to Rule 41(b), Federal Rules of Civil Procedure.

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These findings and recommendations are submitted to the United States District Judge

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assigned to this 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.” The parties are advised that

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failure to file objections within the specified time may waive the right to appeal the District

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

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DATED: January 22, 2018

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