Velasquez v. Robustelli

Filing 50

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/24/17 recommending that this action be dismissed pursuant to FRCP 41(b). Motion to Dismiss 31 referred to Judge John A. Mendez. 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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DENICIO VELASQUEZ,

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

Plaintiff,

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v.

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J. ROBUSTELLI,

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FINDINGS AND RECOMMENDATIONS

Defendant.

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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 March 23, 2017, defendant filed a motion to dismiss. On September 1, 2017,

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plaintiff was ordered to file an opposition or a statement of non-opposition by October 11, 2017.

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In the same order, plaintiff was informed that failure to file an opposition would result in a

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recommendation that this action be dismissed. Plaintiff has not filed an opposition.

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For the foregoing reasons, IT IS HEREBY RECOMMENDED that this action be
dismissed 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 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: October 24, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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vela1131.46fr

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