(PC) Carroll v. Knipp et al, No. 2:2013cv00215 - Document 24 (E.D. Cal. 2013)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/01/13 recommending that this action be dismissed pursuant to FRCP 41(b). Referred to Judge Lawrence K. Karlton. Objections due within 14 days. (Plummer, 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 D. CARROLL, 12 13 14 No. 2:13-cv-0215 LKK CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS WILLIAM KNIPP, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 18 U.S.C. § 1983. On August 19, 2013, defendant Hientschell filed a motion to dismiss. On 19 September 24, 2013, plaintiff was ordered to file an opposition or a statement of non-opposition 20 to the motion within thirty days. In the same order, plaintiff was informed that failure to file an 21 opposition would result in a recommendation that this action be dismissed pursuant to Fed. R. 22 Civ. P. 41(b). The thirty day period has now expired, and plaintiff has not responded to the 23 court’s order. 24 25 For the foregoing reasons, IT IS HEREBY RECOMMENDED that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, any party may file written 1 1 objections with the court and serve a copy on all parties. Such a document should be captioned 2 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 3 objections shall be filed and served within fourteen days after service of the objections. The 4 parties are advised that failure to file objections within the specified time may waive the right to 5 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 Dated: November 1, 2013 7 8 9 1 carr0125.46fr _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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