(PC) Mabry v. Santos, No. 2:2009cv01581 - Document 36 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 09/01/10 recommending that defendants' 06/25/10 motion to dismiss be granted and this action be dismissed. MOTION to DISMISS 33 referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
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(PC) Mabry v. Santos Doc. 36 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 TONY MABRY, 10 Plaintiff, No. CIV S-09-1581 WBS GGH P 11 vs. 12 ROBERT SANTOS, 13 Defendant. FINDINGS & RECOMMENDATIONS 14 / 15 On June 25, 2010, defendant filed a motion to dismiss pursuant to Fed. R. Civ. P. 16 12(b)(6). Plaintiff has not opposed the motion. 17 Local Rule 230(l) provides in part: “Failure of the responding party to file written 18 opposition or to file a statement of no opposition may be deemed a waiver of any opposition to 19 the granting of the motion . . . .” On February 17, 2010, plaintiff was advised of the requirements 20 for filing an opposition to a motion to dismiss and that failure to oppose such a motion may be 21 deemed a waiver of opposition to the motion. 22 Accordingly, plaintiff’s failure to oppose should be deemed a waiver of 23 opposition to the granting of the motion. In the alternative, the court has reviewed the motion 24 and finds that it has merit on the various grounds raised, including, inter alia, an alleged failure to 25 satisfactorily comply with Fed. R. Civ. P. 8(a)(2) in the form of providing a short and plain 26 1 Dockets.Justia.com 1 statement showing plaintiff’s entitlement to relief. IT IS HEREBY RECOMMENDED that: 2 1. Defendants’ June 25, 2010, motion to dismiss 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 fourteen 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 fourteen days after service of the objections. The parties are 10 advised that failure to file objections within the specified time may waive the right to appeal the 11 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 12 DATED: September 1, 2010 13 /s/ Gregory G. Hollows 14 UNITED STATES MAGISTRATE JUDGE 15 mabr1581.46 16 17 18 19 20 21 22 23 24 25 26 2