(PC) Woodson v. Weisman et al, No. 2:2008cv01965 - Document 68 (E.D. Cal. 2015)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 9/9/15 RECOMMENDING that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). Referred to Judge Morrison C. England, Jr.; 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 MAURICE WOODSON, 12 13 14 15 No. 2:08-cv-1965 MCE CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS M. WEISMAN, et al., Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 18 U.S.C. § 1983. On March 16, 2015, defendants filed a motion for summary judgment. (ECF No. 19 60.) Plaintiff has been granted three extensions of time to file an opposition or a statement of 20 non-opposition to the pending motion. (ECF Nos. 62, 65, 67.) On July 31, 2015, plaintiff was 21 informed that failure to file a response to the motion within thirty days would result in a 22 recommendation that this action be dismissed. (ECF No. 67.) The thirty day period has now 23 expired, and plaintiff has not responded to the court’s order. 24 25 For the foregoing reasons, IT IS HEREBY RECOMMENDED that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, any party may file written 1 1 objections with the court and serve a copy on all parties. Such a document should be captioned 2 “Objections to Magistrate Judge’s Findings and Recommendations.” The parties are advised that 3 failure to file objections within the specified time may waive the right to appeal the District 4 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 Dated: September 9, 2015 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 2 / wood1965.46fr 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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