Alford v. Dang, et al.

Filing 39

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/11/2018 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; 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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TRACY FIDEL ALFORD,

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Plaintiff,

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v.

No. 2:14-cv-0714-KJM-EFB P

FINDINGS AND RECOMMENDATIONS

LAM DANG, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983 On February 5, 2018, defendants filed a motion for summary judgment, ECF No.

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37, and informed plaintiff of the requirements for opposing a motion for summary judgment. See

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Fed. R. Civ. P. 56; Rand v. Rowland, 154 F.3d 952, 962-63 (9th Cir. 1998). The time for acting

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passed, and plaintiff failed to file an opposition or otherwise respond to the motion.

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On March 9, 2018, the court warned plaintiff that failure to respond to the motion could

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result in a recommendation that this action be dismissed. See Fed. R. Civ. P. 41(b). The court

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also granted plaintiff a 21-day extension of time to respond. ECF No. 38.

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The time for acting has once again passed and plaintiff has not filed an opposition, a

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statement of no opposition, or otherwise responded to the court’s order. Plaintiff has disobeyed

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this court’s orders and failed to prosecute this action. The appropriate action is dismissal without

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prejudice.
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Accordingly, it is hereby RECOMMENDED that this action be dismissed without
prejudice. See Fed. R. Civ. P. 41(b); E.D. Cal. Local Rule 110.

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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.” Failure to file objections

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within the specified time may waive the right to appeal the District Court’s order. Turner v.

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Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: April 11, 2018.

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