(PC) Kelley v. Banai, et al, No. 2:2013cv02045 - Document 26 (E.D. Cal. 2014)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 12/22/2014 RECOMMENDING that this action be dismissed, without prejudice, for lack of prosecution. Referred to Judge Morrison C. England, Jr.; Objections due within 21 days. (Yin, K)
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(PC) Kelley v. Banai, et al Doc. 26 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RODNEY D. KELLEY, 12 Plaintiff, 13 14 No. 2:13-cv-2045 MCE AC P v. FINDINGS AND RECOMMENDATIONS DR. BANAI, et al., 15 Defendants. 16 On June 18, 2014, defendants moved for summary judgment. ECF No. 22. Plaintiff did 17 18 not file a response. On August 4, 2014, the court ordered plaintiff to file his opposition within 19 thirty (30) days. ECF No. 24. The thirty-day period has expired, and plaintiff still has not filed 20 any response. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed, without 21 22 prejudice, for lack of prosecution. See Local Rule 110; Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the United States District Judge 23 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one (21) 25 days after being served with these findings and recommendations, plaintiff may file written 26 objections with the court and serve a copy on all parties. Such a document should be captioned 27 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 28 //// 1 Dockets.Justia.com 1 failure to file objections within the specified time may waive the right to appeal the District 2 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 DATED: December 22, 2014 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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