(PC) Ramirez v. Win, et al, No. 2:2014cv01714 - Document 32 (E.D. Cal. 2015)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/6/2015 RECOMMENDING that this action be dismissed pursuant to Fed. Civ. P. 41(b). Referred to Judge Troy L. Nunley; Objections due within 14 days.(Yin, K)

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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 JOHN ANTHONY RAMIREZ, 12 13 14 15 No. 2:14-cv-1714 TLN CKD P Plaintiff, v. FINDINGS & RECOMMENDATIONS H. WIN, et al., 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 July 24, 2015, defendants filed a motion to dismiss. On September 1, 19 plaintiff was ordered to file an opposition or a statement of non-opposition to the pending motion 20 within thirty days. In the same order, plaintiff was informed that failure to file an opposition 21 would result in a recommendation that this action be dismissed pursuant to Fed. R. Civ. P. 41(b). 22 The thirty day period has now expired, and plaintiff has not responded to the court’s order. 23 24 For the foregoing reasons, IT IS HEREBY RECOMMENDED that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, any party may file written 28 objections with the court and serve a copy on all parties. Such a document should be captioned 1 1 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 2 objections shall be filed and served within fourteen days after service of the objections. The 3 parties are advised that failure to file objections within the specified time may waive the right to 4 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 Dated: October 16, 2015 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 1 rami1714.frs 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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