Frank v. Macomber et al

Filing 66

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/10/2018 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

WARREN FRANK JR.,

12

Plaintiff,

13
14

No. 2:15-cv-2133 KJM CKD P

v.

FINDINGS AND RECOMMENDATIONS

JEFF MACOMBER, et al.,

15

Defendants.

16
On March 5, 2018, plaintiff was ordered to file a response to defendants’ January 18, 2018

17
18

motion to compel plaintiff to respond to defendants’ request for production of documents and

19

motion to deem requests for admissions admitted based on plaintiff’s failure to provide a timely

20

response. Plaintiff was granted 21 days within which to file his response and was warned that

21

failure to file a response would result in a recommendation that this action be dismissed pursuant

22

to Federal Rule of Civil Procedure 41(b). The 21 days allotted to plaintiff for the filing of his

23

response has expired.1
Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without

24
25

prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).

26

1

27
28

While plaintiff submitted responses to defendants’ request for admissions on March 9, 2018,
there is nothing before the court indicating that plaintiff has responded to defendants’ request for
production of documents, and, again, plaintiff has not responded to defendants’ January 18, 2018
motion.
1

1

These findings and recommendations are submitted to the United States District Judge

2

assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen after

3

being served with these findings and recommendations, plaintiff may file written objections with

4

the court. The document should be captioned “Objections to Magistrate Judge’s Findings and

5

Recommendations.” Plaintiff is advised that failure to file objections within the specified time

6

waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir.

7

1991).

8

Dated: April 10, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14

1
fran2133.frs

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2