Brown v. Hass et al

Filing 23

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/26/17 RECOMMENDING that this action be dismissed without prejudice. Motion for Summary Judgment 19 referred to Judge John A. Mendez. 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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MICHAEL WALLACE BROWN,

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No. 2:15-cv-0155-JAM-EFB P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

KEVIN HASS, et al.,

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Defendants.

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Plaintiff is a former county inmate proceeding without counsel in an action brought under

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42 U.S.C. § 1983. On July 7, 2017, defendants filed a motion for summary judgment, ECF No.

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19, 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 August 21, 2017, 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.

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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: October 26, 2017.

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