Pearson v. State of California, et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 6/26/15 RECOMMENDING that this action be dismissed. Referred to Judge Morrison C. England, Jr.; 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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MICHAEL C. PEARSON,
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Plaintiff,
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v.
No. 2:14-cv-0645 MCE CKD P
FINDINGS AND RECOMMENDATIONS
STATE OF CALIFORNIA,
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 1, 2015 defendants filed a motion for summary judgment. On May 7,
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2015 plaintiff was ordered to file an opposition or a statement of non-opposition to the pending
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motion. In the same order, plaintiff was informed that failure to file an opposition would result in
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a recommendation that this action be dismissed pursuant to Fed. R. Civ. P. 41(b). The time
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allotted for filing an opposition has expired, and plaintiff has not responded to the court’s order.
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For the foregoing reasons, IT IS HEREBY RECOMMENDED that this action be
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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: June 26, 2015
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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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pear0645.46fr
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