(PC) Proctor v. Felker et al, No. 2:2008cv03158 - Document 23 (E.D. Cal. 2009)

Court Description: [VACATED per 27 Order] ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 09/15/09 ORDERING the clerk of the court shall assign a District Judge to this case. District Judge John A. Mendez randomly assigned to this action. Also, RECOMMENDING that defendants' 07/15/09 motion to dismiss 21 be granted; and this action be dismissed. MOTION to DISMISS 21 referred to Judge John A. Mendez. Objections due within 20 days. (Plummer, M) Modified on 12/9/2009 (Dillon, M).

Download PDF
(PC) Proctor v. Felker et al Doc. 23 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD L. PROCTOR, JR., 11 Plaintiff, 12 vs. 13 No. CIV S-08-3158 GGH P T. FELKER, et al., 14 Defendants. 15 FINDINGS & RECOMMENDATIONS / 16 17 ORDER AND On July 15, 2009, defendants filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6). 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 March 26, 2009, plaintiff was advised of the 21 requirements for filing an opposition to a motion to dismiss and that failure to oppose such a 22 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. 25 \\\\\ 26 \\\\\ 1 Dockets.Justia.com 1 2 IT IS HEREBY ORDERED that the Clerk of Court shall assign a district judge to this case. 3 IT IS HEREBY RECOMMENDED that: 4 1. Defendants’ July 15, 2009, motion to dismiss (no. 21) be granted; and 5 2. This action be dismissed. 6 These findings and recommendations are submitted to the United States District 7 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty 8 days 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.” Any reply to the objections 11 shall be served and filed within ten days after service of the objections. The parties are advised 12 that failure to file objections within the specified time may waive the right to appeal the District 13 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 14 DATED: September 15, 2009 15 /s/ Gregory G. Hollows 16 UNITED STATES MAGISTRATE JUDGE 17 GGH:035 proc3158.46 18 19 20 21 22 23 24 25 26 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.