Segovia v. State of California, et al.

Filing 30

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 6/2/2017 RECOMMENDING that this action be dismissed pursuant to FRCP 41(b) for failure to prosecute. Referred to Judge Garland E. Burrell, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID SEGOVIA, 12 Plaintiff, 13 14 No. 2:14-cv-0715 GEB DB P v. FINDINGS AND RECOMMENDATIONS STATE OF CALIFORNIA, et al., 15 Defendants. 16 Plaintiff is a prisoner who is proceeding pro se and in forma pauperis. Plaintiff seeks relief 17 18 pursuant to 42 U.S.C. § 1983. On March 28, 2017, the undersigned issued an order directing 19 plaintiff to show cause why this action should not be dismissed for failure to prosecute. (ECF No. 20 29.) The fourteen-day response deadline has passed, and plaintiff has not responded to the court’s 21 order. 22 23 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute. 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, any party may file written 27 objections with the court and serve a copy on all parties. Such a document should be captioned 28 “Objections to Magistrate Judge’s Findings and Recommendations.” 1 1 Any reply to the objections shall be served and filed within fourteen days after service of 2 the objections. Failure to file objections within the specified time may waive the right to appeal 3 the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 4 951 F.2d 1153 (9th Cir. 1991). 5 Dated: June 2, 2017 6 7 8 9 /DLB7; DB/Inbox/Routine/sego0715.41(b) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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