(PC) Glee v. Austian et al, No. 2:2006cv01658 - Document 43 (E.D. Cal. 2008)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 2/1/08 RECOMMENDING that 35 dfts' motion for judgment on the pleadings be granted; and this action be dismissed. Case referred to Judge Karlton. Within 20 days after being served with these findings, any party may file written objections with the court and serve a copy on all parties. Any reply shall be served and filed within 10 days after service of the objections. (Kastilahn, A)
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(PC) Glee v. Austian et al Doc. 43 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PATRICK GLEE, 11 Plaintiff, 12 vs. 13 No. CIV S-06-1658 LKK GGH P AUSTIAN, et al., 14 Defendants. 15 / 16 17 FINDINGS & RECOMMENDATIONS On November 9, 2007, defendants filed a motion for judgment on the pleadings. Plaintiff has not opposed the motion. 18 Local Rule 78-230(m) provides in part: “Failure of the responding party to file 19 written opposition or to file a statement of no opposition may be deemed a waiver of any 20 opposition to the granting of the motion . . . .” On December 26, 2006, plaintiff was advised of 21 the requirements for filing an opposition to a motion for judgment on the pleadings and that 22 failure to oppose such a motion may be deemed a waiver of opposition to the motion. 23 Accordingly, plaintiff’s failure to oppose should be deemed a waiver of 24 opposition to the granting of the motion. In the alternative, the court has reviewed the motion 25 and finds that it has merit. IT IS HEREBY RECOMMENDED that: 26 \\\\\ 1 Dockets.Justia.com 1 2 1. Defendants’ November 9, 2007, motion for judgment on the pleadings be granted; and 3 2. This action be dismissed. 4 These findings and recommendations are submitted to the United States District 5 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty 6 days after being served with these findings and recommendations, any party may file written 7 objections with the court and serve a copy on all parties. Such a document should be captioned 8 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 9 shall be served and filed within ten days after service of the objections. The parties are advised 10 that failure to file objections within the specified time may waive the right to appeal the District 11 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 12 DATED: 02/01/08 /s/ Gregory G. Hollows 13 UNITED STATES MAGISTRATE JUDGE 14 GGH:035 glee1658.46 15 16 17 18 19 20 21 22 23 24 25 26 2
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