(PC) Savage v. Dickinson et al, No. 2:2011cv01652 - Document 66 (E.D. Cal. 2015)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 09/14/15 recommending that this action be dismissed. Referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)

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(PC) Savage v. Dickinson et al Doc. 66 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BOB SAVAGE, 12 Plaintiff, 13 14 No. 2:11-cv-1652-MCE-EFB P v. FINDINGS AND RECOMMENDATIONS K. DICKINSON, et al., 15 Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 17 18 U.S.C. § 1983. On March 10, 2015, and May 14, 2015, defendants filed motions for summary 19 judgment and informed plaintiff of the requirements for opposing a motion for summary 20 judgment. See Fed. R. Civ. P. 56; Rand v. Rowland, 154 F.3d 952, 962-63 (9th Cir. 21 1998). Plaintiff’s requests for lengthy extensions of time to file his opposition have been granted. 22 See ECF No. 55 (60 day extension of time to oppose March 10 motion for summary judgment) 23 and ECF No. 65 (90 day extension of time to oppose both motions for summary judgment). 24 That time for acting passed and plaintiff failed to file an opposition or a statement of non- 25 opposition to either motion, or otherwise responded to the court’s order. Plaintiff has disobeyed 26 this court’s orders and failed to prosecute this action. The appropriate action is dismissal without 27 prejudice. 28 ///// 1 Dockets.Justia.com 1 2 Accordingly, it is hereby RECOMMENDED that this action be dismissed. See Fed. R. Civ. P. 41(b); E.D. Cal. Local Rule 110, 183(b). 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.” Failure to file objections 8 within the specified time may waive the right to appeal the District Court’s order. Turner v. 9 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 Dated: September 14, 2015. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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