(PC) Mendoza v. Miranda et al, No. 2:2011cv03051 - Document 17 (E.D. Cal. 2012)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/29/2012 RECOMMENDING that this action be dismissed, without prejudice, pursuant to F.R.Cv.P. Rule 41(b) and L.R. 110, 183(b). Referred to Judge Garland E. Burrell, Jr. Objections due within 14 days. (Michel, G)

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(PC) Mendoza v. Miranda et al Doc. 17 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GUILLERMO MENDOZA, Plaintiff, 11 vs. 12 13 No. 2:11-cv-3051 GEB EFB P R. MIRANDA, et al., Defendants. 14 FINDINGS AND RECOMMENDATIONS / 15 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 16 17 U.S.C. § 1983. On August 27, 2012, defendants filed a motion to dismiss for failure to state a 18 claim upon which relief may be granted. See Fed. R. Civ. P. 12(b)(6). On October 4, 2012, the 19 court gave plaintiff twenty-one days to file an opposition or statement of non-opposition and 20 warned him that failure to do so could result in a recommendation that this action be dismissed. 21 See Fed. R. Civ. P. 41(b). The time for acting has passed and plaintiff has not filed an 22 opposition, a statement of no opposition, or otherwise responded to the court’s order. 23 Plaintiff has been warned that he must file a response to defendants’ motion. Plaintiff 24 has disobeyed this court’s orders and failed to prosecute this action. The appropriate action is 25 dismissal without prejudice. 26 //// 1 Dockets.Justia.com 1 2 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). 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, any party may file written 6 objections with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 8 within the specified time may waive the right to appeal the District Court’s order. Turner v. 9 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 Dated: October 29, 2012. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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