Gomez v. Acharya et al

Filing 74

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/21/21 RECOMMENDING that this action be dismissed pursuant to FRCP 41(b). 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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EDWRD GOMEZ,

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No. 2:17-cv-2407 MCE CKD P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

ACHARYA, 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 November 6, 2020, defendants filed a motion for summary judgment. On

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December 14, 2020 plaintiff was ordered to file an opposition or a statement of non-opposition to

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the pending motion within 21 days. In the same order, plaintiff was informed that failure to file

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an 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: January 21, 2021

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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gome2407.46fr

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