McInnis v. Vaughn et al

Filing 23

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/22/2018 RECOMMENDING this action be dismissed pursuant to Fed. R. Civ. P. 41 (b). Referred to Judge William B. Shubb; Objections to F&R 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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ROBERT LAMAR MCINNIS,

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No. 2:17-cv-1318 WBS CKD P

Plaintiff,

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v.

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VAUGHN, et al.,

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FINDINGS AND RECOMMENDATIONS

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 August 10, 2018 defendant Herrera filed a motion to dismiss. On September

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10, 2018, plaintiff was ordered to file an opposition or a statement of non-opposition to the

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pending motion within thirty days. In the same order, plaintiff was informed that failure to file an

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opposition would result in a recommendation that this action be dismissed pursuant to Fed. R.

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Civ. P. 41(b). The thirty day period has now expired, and plaintiff has not responded to the

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court’s order.

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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 22, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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mcin1318.46fr

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