(PC) Green v. Miranda et al, No. 2:2010cv01424 - Document 51 (E.D. Cal. 2012)

Court Description: FINDINGS and RECOMMENDATIONS recommending that this action be dismissed without prejudice signed by Magistrate Judge Edmund F. Brennan on 12/11/12:. F&R referred to Judge John A. Mendez. Objections to F&R due within fourteen days. (Kaminski, H)

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(PC) Green v. Miranda et al Doc. 51 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN GREEN, Plaintiff, 11 vs. 12 13 No. 2:10-cv-1424 JAM EFB P R. MIRANDA, et al., Defendants. 14 FINDINGS AND RECOMMENDATIONS / 15 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 17 U.S.C. § 1983. On October 15, 2012, defendants filed a motion for summary judgment and 18 informed plaintiff of the requirements for opposing a motion for summary judgment. See Fed. R. 19 Civ. P. 56; Rand v. Rowland, 154 F.3d 952, 962-63 (9th Cir. 1998). Plaintiff has not filed an 20 opposition or a statement of no opposition to the motion. On November 16, 2012, the court gave 21 plaintiff twenty-one days to file an opposition or statement of non-opposition and warned him 22 that failure to do so could result in a recommendation that this action be dismissed. See Fed. R. 23 Civ. P. 41(b). The time for acting has passed and plaintiff has not filed an opposition, a 24 statement of no opposition, or otherwise responded to the court’s order. 25 //// 26 //// 1 Dockets.Justia.com 1 Plaintiff has been warned that he must file a response to defendants’ motion. Plaintiff 2 has disobeyed this court’s orders and failed to prosecute this action. It appears that plaintiff has 3 abandoned the case. The appropriate action is dismissal without prejudice. 4 5 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, 183(b). 6 These findings and recommendations are submitted to the United States District Judge 7 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 8 after being served with these findings and recommendations, any party may file written 9 objections with the court and serve a copy on all parties. Such a document should be captioned 10 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 11 within the specified time may waive the right to appeal the District Court’s order. Turner v. 12 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 13 Dated: December 11, 2012. 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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