Kelley v. Banai et al
Filing
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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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