Perez, III v. Scmidt

Filing 41

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 8/29/2016 ORDERING the Clerk to assign a district court judge to this case. IT IS RECOMMENDED that this action be dismissed pursuant to Fed.R.Civ.P. 41(b). Assigned and referred to Judge Morrison C. England, Jr.; Objections to F&R 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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JESS PEREZ, III,

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Plaintiff,

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No. 2:15-cv-0521 CKD P

v.

ORDER AND

L. SCMIDT, et al.,

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FINDINGS AND RECOMMENDATIONS

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 June 6, 2016, defendants filed a motion to compel. On July 27, 2016,

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plaintiff was ordered to file a response to the motion within 21 days. In the same order, plaintiff

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was informed that failure to file a response would result in dismissal pursuant to Fed. R. Civ. P.

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41(b). The twenty-one day period has now expired, and plaintiff has not responded to the court’s

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order.

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Accordingly IT IS HEREBY ORDERED that the Clerk of the Court assign a district court
judge to this case; and
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: August 29, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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pere0521.46fr

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