Hall v. Duffy

Filing 15

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 12/22/14 recommending that this action be dismissed without prejudice for failure to prosecute pursuant to Local Rule 110 and Fed. R. Civ. P. 41(b); and defendant's pending motion to dismiss 13 be denied as moot. Motion 13 referred to Judge John A. Mendez. Objections due within 21 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRANDON HALL,

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No. 2:14-cv-1234 JAM AC P

Petitioner,

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v.

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BRIAN DUFFY,

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FINDINGS AND
RECOMMENDATION
Respondent.

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Petitioner is proceeding pro se and in forma pauperis with his petition for a writ of habeas

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corpus, pursuant to 28 U.S.C. § 2254. On August 4, 2014, respondent filed a motion to dismiss

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the petition. ECF No. 13. After petitioner failed to respond to the motion, the court, on

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September 24, 2014, ordered petitioner to file an opposition or a statement of no opposition

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within thirty days. ECF No. 14. The thirty days have expired, and plaintiff still has not filed any

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response to the motion to dismiss.

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IT IS HEREBY RECOMMENDED THAT:

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1.

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This action be DISMISSED, without prejudice, for failure to prosecute, pursuant

to Local Rule 110 and Fed. R. Civ. P. 41(b); and
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Defendant’s pending motion to dismiss (ECF Nos. 13), be DENIED as moot.

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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 twenty-one (21)

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days after being served with these findings and recommendations, plaintiff 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.” Plaintiff is advised that

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failure to file objections within the specified time may waive the right to appeal the District

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Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: December 22, 2014

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