(PC) Adler v. McDonald et al, No. 2:2015cv00789 - Document 21 (E.D. Cal. 2016)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 3/16/16 RECOMMENDING that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days.(Dillon, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRENT ADLER, 12 Plaintiff, 13 14 No. 2:15-cv-0789 TLN CKD P v. FINDINGS AND RECOMMENDATIONS M. D. McDONALD, et al., 15 Defendants. 16 Plaintiff is a former state prisoner proceeding pro se with a civil rights action pursuant to 17 18 42 U.S.C. § 1983. On November 18, 2015, defendant Anderson filed a motion for summary 19 judgment. On January 5, 2016, plaintiff was granted an extension of time to oppose the motion 20 (ECF No. 19); however, he did not file an opposition within that time. On February 10, 2016, plaintiff was ordered to file an opposition or a statement of non- 21 22 opposition to the pending motion within thirty days. Plaintiff was informed that failure to file an 23 opposition would result in a recommendation that this action be dismissed pursuant to Fed. R. 24 Civ. P. 41(b). The thirty day period has now expired, and plaintiff has not responded to the 25 court’s order. For the foregoing reasons, IT IS HEREBY RECOMMENDED that this action be 26 27 dismissed pursuant to Federal Rule of Civil Procedure 41(b). 28 //// 1 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 3 after being served with these findings and recommendations, any party may file written 4 objections with the court and serve a copy on all parties. Such a document should be captioned 5 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 6 objections shall be filed and served within fourteen days after service of the objections. The 7 parties are advised that failure to file objections within the specified time may waive the right to 8 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 Dated: March 16, 2016 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 2 / adle0789.46fr 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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