Velasquez v. Robustelli

Filing 39

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 06/21/17 recommending that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

DENICIO VELASQUEZ,

12

No. 2:16-cv-1131 JAM CKD P

Plaintiff,

13

v.

14

J. ROBUSTELLI,

15

FINDINGS AND RECOMMENDATIONS

Defendant.

16
17

Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42

18

U.S.C. § 1983. On March 23, 2017, defendant filed a motion to dismiss. On May 9, 2017,

19

plaintiff was granted an extension of time of thirty days to file an opposition to the motion. In the

20

same order, plaintiff was informed that failure to file an opposition within 30 days would result in

21

a recommendation that this action be dismissed pursuant to Fed. R. Civ. P. 41(b). Plaintiff has

22

not filed an opposition, nor offered an explanation as to his failure to do so.

23
24

For the foregoing reasons, IT IS HEREBY RECOMMENDED that this action be
dismissed pursuant to Federal Rule of Civil Procedure 41(b).

25

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

26

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

27

after being served with these findings and recommendations, any party may file written

28

objections with the court and serve a copy on all parties. Such a document should be captioned
1

1

“Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the

2

objections shall be filed and served within fourteen days after service of the objections. The

3

parties are advised that failure to file objections within the specified time may waive the right to

4

appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

5

Dated: June 21, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10
11

1
vela1131.46fr

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2