Patrick v. Leal, et al.

Filing 26

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/27/2019 RECOMMENDING this action be dismissed without prejudice. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NICHOLAS PATRICK,

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No. 2:17-cv-857-JAM-EFB P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

LEAL, et al.,

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Defendants.

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Plaintiff is a former state prisoner proceeding without counsel in an action brought under

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42 U.S.C. § 1983. On December 21, 2018, defendants filed a motion to compel plaintiff to

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submit to a deposition, to pay costs for the missed deposition, and to respond to their outstanding

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discovery requests. ECF No. 21. The time for responding to the motion passed, and plaintiff

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failed to file an opposition or otherwise respond.

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On January 25, 2019, the court warned plaintiff that failure to respond to the motion could

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result in a recommendation that this action be dismissed. ECF No. 23. The court also provided

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plaintiff a 30-day extension of time to respond. Id.

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The time for acting has once again passed and plaintiff has not filed an opposition, a

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statement of no opposition, or otherwise responded to the court’s order. Plaintiff has disobeyed

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this court’s orders and failed to prosecute this action. The appropriate action is dismissal without

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prejudice.
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Accordingly, it is RECOMMENDED that this action be dismissed without prejudice. See
Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 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: February 27, 2019.

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