Kent v. U.C. Davis Medical Center et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 07/17/18 RECOMMENDING that this action be dismissed without prejudice for failure to prosecute pursuant to FRCP 41(b). Referred to Judge William B. Shubb. 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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RONALD KENT,
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Plaintiff,
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No. 2:15-cv-1924 WBS AC P
v.
FINDINGS AND RECOMMENDATIONS
U.C. DAVIS MEDICAL CENTER, et al.,
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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 February 9, 2018, defendants filed a motion for summary judgment. ECF No.
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52. Rather than responding to the motion, plaintiff filed an amended complaint. ECF No. 54.
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The amended complaint was stricken from the record and plaintiff was ordered to file an
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opposition or a statement of non-opposition to the pending motion within twenty-one days. ECF
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No. 56. In the same order, plaintiff was informed that failure to file an opposition would result in
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a recommendation that this action be dismissed without prejudice for failure to prosecute. Id.
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After he failed to respond, plaintiff was given another twenty-one-day extension and was again
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warned that failure to respond would result in a recommendation that the case be dismissed. ECF
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No. 58. The twenty-one-day period has now expired, and plaintiff has still not responded to the
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motion for summary judgment.
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For the foregoing reasons, IT IS HEREBY RECOMMENDED that this action be
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dismissed without prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure
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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: July 17, 2018
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