Ramirez v. Fleming, et al.

Filing 75

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 5/25/17 recommending that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). Referred to Judge Kimberly J. Mueller. Objections due within 14 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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RAUL ENRIQUE RAMIREZ,

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No. 2:14-cv-1937 KJM CKD P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

B. FLEMMING, et al.,
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 October 24, 2016, the remaining defendants filed a motion for summary

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judgment. Plaintiff has been granted four extensions of time to file his opposition to the motion

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with the opposition being due May 5, 2017. In the court’s April 14, 2017 order granting plaintiff

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his fourth extension of time, the court warned plaintiff that if he did not file his opposition by

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May 5, 2017, the court would recommend that this action be dismissed. Plaintiff has not filed his

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opposition nor otherwise responded to the court’s April 14, 2017 order.

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For the foregoing reasons, IT IS HEREBY RECOMMENDED that this action be
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: May 25, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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rami1937.46

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