Adler v. McDonald et al

Filing 21

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 3/16/16 RECOMMENDING that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRENT ADLER,

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Plaintiff,

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No. 2:15-cv-0789 TLN CKD P

v.

FINDINGS AND RECOMMENDATIONS

M. D. McDONALD, et al.,

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Defendants.

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Plaintiff is a former state prisoner proceeding pro se with a civil rights action pursuant to

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42 U.S.C. § 1983. On November 18, 2015, defendant Anderson filed a motion for summary

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judgment. On January 5, 2016, plaintiff was granted an extension of time to oppose the motion

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(ECF No. 19); however, he did not file an opposition within that time.
On February 10, 2016, plaintiff was ordered to file an opposition or a statement of non-

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opposition to the pending motion within thirty days. Plaintiff was informed that failure to file an

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opposition would result in a recommendation that this action be dismissed pursuant to Fed. R.

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Civ. P. 41(b). The thirty day period has now expired, and plaintiff has not responded to the

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court’s order.
For the foregoing reasons, IT IS HEREBY RECOMMENDED that this action be

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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: March 16, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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