-JFM (PC) Griffin v. Kelso et al, No. 2:2010cv02525 - Document 36 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 8/12/2011 recommending that 19 Motion to Dismiss filed by D. Pompan be granted. Matter referred to Judge Morrison C. England, Jr.; Objections to F&R may be filed w/i 21 days after being served. (Waggoner, D)

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-JFM (PC) Griffin v. Kelso et al Doc. 36 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH A. GRIFFIN, Plaintiff, 11 vs. 12 13 J. CLARK KELSO, et al., Defendants. 14 FINDINGS & RECOMMENDATIONS / 15 On April 26, 2011, defendant D. Pompan filed a motion to dismiss pursuant to 16 17 No. 2:10-cv-2525 MCE JFM (PC) Fed. R. Civ. P.12(b)(6). Plaintiff has not opposed the motion.1 Local Rule 230(l) provides in part: “Failure of the responding party to file written 18 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 February 10, 2011, 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 ///// 24 ///// 25 1 26 Presently before the court are three motions to dismiss. See Doc. Nos. 16, 19 and 28. Of these three, plaintiff has filed an opposition to Doc. Nos. 16 and 28. 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 April 26, 3 2011 motion to dismiss filed by defendant D. Pompan 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 twenty 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: August 12, 2011. 13 14 15 16 /014;grif2525.mtd2 17 18 19 20 21 22 23 24 25 26 2

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