Kelley v. Banai et al

Filing 26

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 12/22/2014 RECOMMENDING that this action be dismissed, without prejudice, for lack of prosecution. Referred to Judge Morrison C. England, Jr.; Objections due within 21 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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RODNEY D. KELLEY,

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Plaintiff,

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No. 2:13-cv-2045 MCE AC P

v.

FINDINGS AND RECOMMENDATIONS

DR. BANAI, et al.,

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Defendants.

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On June 18, 2014, defendants moved for summary judgment. ECF No. 22. Plaintiff did

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not file a response. On August 4, 2014, the court ordered plaintiff to file his opposition within

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thirty (30) days. ECF No. 24. The thirty-day period has expired, and plaintiff still has not filed

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any response.
Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed, without

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prejudice, for lack of prosecution. See Local Rule 110; Fed. R. Civ. P. 41(b).
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 twenty-one (21)

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days after being served with these findings and recommendations, plaintiff 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.” Plaintiff is 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: December 22, 2014

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