Reed v. Leatherman et al

Filing 60

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/28/2021 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; 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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PETER J. REED,

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No. 2:18-cv-0038 KJM CKD P
Plaintiff,

v.

FINDINGS AND RECOMMENDATIONS

D. LEATHERMAN, et al.,
Defendants.

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On September 23, 2021, plaintiff was ordered to file a response to defendants’ August 23,

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2021 motion for sanctions for violation of a protective order within 21 days. Plaintiff was warned

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

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pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. The 21-day period has now

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expired, and plaintiff has not filed a response.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice. See Local Rule 110; Fed. R. Civ. P. 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 after

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being served with these findings and recommendations, plaintiff may file written objections with

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the court. The document should be captioned “Objections to Magistrate Judge’s Findings and

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Recommendations.” Plaintiff is advised that failure to file objections within the specified time
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waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir.

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1991).

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Dated: October 28, 2021
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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reed0038.frs

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