(PC) Jones v. David, et al, No. 2:2009cv03174 - Document 53 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/28/2011 RECOMMENDING that the 50 motion to dismiss filed by defendant Holmes be granted. Motion referred to Judge Morrison C. England, Jr.. Objections to F&R due within 14 days. (Zignago, K.)
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(PC) Jones v. David, et al Doc. 53 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MALIK JONES, 11 Plaintiff, 12 vs. 13 No. CIV S-09-3174 MCE CKD P A. DAVID, et al., 14 Defendants. 15 / 16 17 FINDINGS & RECOMMENDATIONS On November 15, 2011 defendant Holmes filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6). Plaintiff has not opposed the motion. 18 Local Rule 230(l) provides in part: “Failure of the responding party to file written 19 opposition or to file a statement of no opposition may be deemed a waiver of any opposition to 20 the granting of the motion . . . .” On July 23, 2011 plaintiff was advised of the requirements for 21 filing an opposition to a motion to dismiss and that failure to oppose such a motion may be 22 deemed a waiver of opposition to the motion. 23 ///// 24 ///// 25 ///// 26 ///// 1 Dockets.Justia.com 1 Accordingly, plaintiff’s failure to oppose should be deemed a waiver of 2 opposition to the granting of the motion. IT IS HEREBY RECOMMENDED that the November 3 15, 2011 motion to dismiss filed by defendant Holmes be granted. 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: December 28, 2011 13 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 14 15 16 17 de jone3174.46 18 19 20 21 22 23 24 25 26 2