Ellinberg v. Foulk et al

Filing 20

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 2/1/2017 RECOMMENDING this ation be dismissed without prejudice pursuant to Fed.R.Civ.P. 41(b). Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JUAN ELLINBERG, 12 No. 2:15-cv-1458 JAM AC P Plaintiff, 13 v. 14 F. FOULK, et al., 15 FINGINGS AND RECOMMENDATIONS Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with this civil rights action filed pursuant to 18 42 U.S.C. § 1983. On November 15, 2016, sole remaining defendant Dr. Rosca, M.D., filed and 19 served plaintiff with a motion for summary judgment pursuant to Federal Rule of Civil Procedure 20 56. See ECF No. 18. Plaintiff did not respond to the motion within twenty-one days, as required 21 by Local Rule 230(l). On December 30, 2016, the court granted plaintiff additional time to 22 respond to defendant’s motion, and informed plaintiff that, if he failed to respond, this action 23 would be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b). See 24 ECF No. 19. The extended time for plaintiff’s response has now expired, without any response 25 from plaintiff. 26 27 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b). 28 1 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 3 after being served with these findings and recommendations, any party may file written 4 objections with the court and serve a copy on all parties. Such a document should be captioned 5 “Objections to Magistrate Judge’s Findings and Recommendations.” The parties are advised that 6 failure to file objections within the specified time may waive the right to appeal the District 7 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 8 DATED: February 1, 2017 9 10   11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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