(PC) Frank v. Macomber et al, No. 2:2015cv02133 - Document 66 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/10/2018 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R 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 WARREN FRANK JR., 12 Plaintiff, 13 14 No. 2:15-cv-2133 KJM CKD P v. FINDINGS AND RECOMMENDATIONS JEFF MACOMBER, et al., 15 Defendants. 16 On March 5, 2018, plaintiff was ordered to file a response to defendants’ January 18, 2018 17 18 motion to compel plaintiff to respond to defendants’ request for production of documents and 19 motion to deem requests for admissions admitted based on plaintiff’s failure to provide a timely 20 response. Plaintiff was granted 21 days within which to file his response and was warned that 21 failure to file a response would result in a recommendation that this action be dismissed pursuant 22 to Federal Rule of Civil Procedure 41(b). The 21 days allotted to plaintiff for the filing of his 23 response has expired.1 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 24 25 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 26 1 27 28 While plaintiff submitted responses to defendants’ request for admissions on March 9, 2018, there is nothing before the court indicating that plaintiff has responded to defendants’ request for production of documents, and, again, plaintiff has not responded to defendants’ January 18, 2018 motion. 1 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen after 3 being served with these findings and recommendations, plaintiff may file written objections with 4 the court. The document should be captioned “Objections to Magistrate Judge’s Findings and 5 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 6 waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 7 1991). 8 Dated: April 10, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 1 fran2133.frs 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2