Brown v. Sagireddy et al

Filing 75

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 6/30/2016 RECOMMENDING the claims against defendant Sagireddy be dismissed without prejudice for failure to prosecute pursuant to Fed.R.Civ.P. 41(b). Referred to Judge John A. Mendez; Objections to F&R 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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DEXTER BROWN,

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Plaintiff,

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No. 2:14-cv-0338 JAM AC P

v.

FINDINGS AND RECOMMENDATIONS

PURUSHOTTAMA SAGIREDDY, et al.,

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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 April 21, 2016, defendant Sagireddy filed a motion to dismiss. On May 23,

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2016, after plaintiff failed to respond to the motion, plaintiff was ordered to file an opposition or a

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statement of non-opposition to the pending motion within twenty-one days. ECF No. 73. In the

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same order, plaintiff was informed that failure to file an opposition would result in a

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recommendation that the claims against defendant Sagireddy be dismissed without prejudice for

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failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). The twenty-one-day

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period has now expired, and plaintiff has not responded to the court’s order.
For the foregoing reasons, IT IS HEREBY RECOMMENDED that the claims against

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defendant Sagireddy be dismissed without prejudice for failure to prosecute pursuant to Federal

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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: June 30, 2016

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