Hogue v. Sacramento Police Department
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/06/20 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England Jr. 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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BRIAN HOGUE,
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No. 2:17-cv-0434-MCE-EFB P
Plaintiff,
v.
FINDINGS AND RECOMMENDATIONS
SACRAMENTO POLICE
DEPARTMENT, et al.,
Defendants.
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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42
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U.S.C. § 1983 On January 7, 2020, the City of Sacramento filed a motion to compel, ECF No.
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25, and on February 5, 2020, the City of Sacramento filed a motion to compel deposition or for
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terminating sanctions, ECF No. 26. The time for acting passed, and plaintiff failed to file an
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opposition or otherwise respond to either motion.
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On February 14, 2020, and March 6, 2020, the court warned plaintiff that failure to
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respond to the motions could result in a recommendation that this action be dismissed. See Fed.
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R. Civ. P. 41(b). The court also granted plaintiff a 21-day extension of time to respond to each
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motion. ECF Nos. 27, 28.
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The time for acting has once again passed and plaintiff has not filed an opposition, a
statement of no opposition, or otherwise responded to either of the court’s order. Plaintiff has
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disobeyed this court’s orders and failed to prosecute this action. The appropriate action is
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dismissal without prejudice.
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Accordingly, it is hereby RECOMMENDED that this action be dismissed without
prejudice. See Fed. R. Civ. P. 41(b); E.D. Cal. Local Rule 110.
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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.” Failure to file objections
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within the specified time may waive the right to appeal the District Court’s order. Turner v.
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Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Dated: April 6, 2020.
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