Ellis v. Abdur-Rahman et al

Filing 24

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 4/11/2016 DIRECTING the Clerk to randomly assign a US District Judge to this action. IT IS RECOMMENDED that this action be dismissed without prejudice pursuant to Fed.R.Civ.P. 41(b). Assigned and referred to Judge Morrison C. England, Jr.; Objections 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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ROBERT ELLIS,

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No. 2:14-cv-0852 AC (TEMP) P
Plaintiff,

v.

ORDER AND

DR. ABDUR-RAHMAN, et al.,

FINDINGS AND RECOMMENDATIONS

Defendants.

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Plaintiff is a state prisoner proceeding pro se with this civil rights action brought pursuant

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to 42 U.S.C. § 1983. On October 30, 2015, defendant filed a motion for summary judgment.

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Plaintiff had not opposed or otherwise responded to the motion, so on March 9, 2016, the court

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ordered plaintiff to show cause in writing within twenty-one days why this court should not grant

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the pending motion for summary judgment. The court cautioned plaintiff that his failure to file an

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opposition would result in a recommendation that this action be dismissed. That twenty-one day

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period has now expired, and plaintiff has not opposed defendant’s motion for summary judgment

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or responded to the court’s order.

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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to
randomly assign a United States District Judge to this action.
IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice
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: April 11, 2016

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