(PC) Myrick v. Ives et al, No. 2:2010cv01085 - Document 48 (E.D. Cal. 2013)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/21/13 RECOMMENDING that 43 Motion to Dismiss be granted; and this action be dismissed. Referred to Judge Kimberly J. Mueller; 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 DESHAWN MYRICK, 12 Plaintiff, 13 14 No. 2:10-cv-01085 KJM CKD (PC) v. FINDINGS & RECOMMENDATIONS IVES, et al., 15 Defendants. 16 On September 6, 2013, defendant Shank, the sole remaining defendant in this action, filed 17 18 a motion to dismiss. ECF No. 43. On October 10, 2013, the court advised the plaintiff to file an 19 opposition or statement of non-opposition within thirty days. ECF No. 46. Thirty days have now 20 passed and plaintiff has not responded to the court’s order. Local Rule 230(l) provides in part: “Failure of the responding party to file written 21 22 opposition or to file a statement of no opposition may be deemed a waiver of any opposition to 23 the granting of the motion . . . .” On February 21, 2013, plaintiff was advised of the requirements 24 for filing an opposition to a motion to dismiss and that failure to oppose such a motion may be 25 deemed a waiver of opposition to the motion. ECF No. 38. Accordingly, plaintiff’s failure to oppose should be deemed a waiver of opposition to the 26 27 granting of the motion. IT IS HEREBY RECOMMENDED that: 28 ///// 1 1 1. Defendant’s September 6, 2013, motion to dismiss (ECF No. 43) be granted; and 2 2. This action be dismissed. 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, any party may file written 6 objections with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 8 objections shall be filed and served within fourteen days after service of the objections. The 9 parties are advised that failure to file objections within the specified time may waive the right to 10 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 Dated: November 21, 2013 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 12 13 14 15 myri1085.46dm 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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