Barrios v. Ferrara et al

Filing 28

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 01/04/18 RECOMMENDING that this action be dismissed pursuant to FRCP 41(b). Referred to Judge Kimberly J. Mueller. 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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KEVIN LEE BARRIOS,

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Plaintiff,

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No. 2:17-cv-0415 KJM CKD P

v.

FINDINGS AND RECOMMENDATIONS

THOMAS FERRARA, 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 October 12, 2017, defendant Lewis filed a motion for summary judgment.

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On November 20, 2017 plaintiff was ordered to file an opposition or a statement of non-

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opposition to the pending motion within thirty days. In the same order, plaintiff was informed

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that failure to file an opposition would result in a recommendation that this action be dismissed

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pursuant to Fed. R. Civ. P. 41(b). The thirty day period has now expired, and plaintiff has not

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responded to the court’s order. Although it appears from the file that plaintiff’s copy of the

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court’s November 20, 2017 order was returned, plaintiff was properly served. It is the plaintiff’s

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responsibility to keep the court apprised of his current address at all times. Pursuant to Local

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Rule 182(f), service of documents at the record address of the party is fully effective.

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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: January 4, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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barr0415.46fr

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