Ellinberg v. Foulk et al
Filing
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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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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JUAN ELLINBERG,
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No. 2:15-cv-1458 JAM AC P
Plaintiff,
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v.
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F. FOULK, et al.,
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FINGINGS AND RECOMMENDATIONS
Defendants.
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Plaintiff is a state prisoner proceeding pro se with this civil rights action filed pursuant to
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42 U.S.C. § 1983. On November 15, 2016, sole remaining defendant Dr. Rosca, M.D., filed and
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served plaintiff with a motion for summary judgment pursuant to Federal Rule of Civil Procedure
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56. See ECF No. 18. Plaintiff did not respond to the motion within twenty-one days, as required
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by Local Rule 230(l). On December 30, 2016, the court granted plaintiff additional time to
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respond to defendant’s motion, and informed plaintiff that, if he failed to respond, this action
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would be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b). See
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ECF No. 19. The extended time for plaintiff’s response has now expired, without any response
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from plaintiff.
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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice 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 this 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.” The parties are advised that
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failure to file objections within the specified time may waive the right to appeal the District
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Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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DATED: February 1, 2017
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