(PC) Morfin v. Perez et al, No. 2:2017cv02343 - Document 21 (E.D. Cal. 2019)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 3/4/2019 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; 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 CAMERON MORFIN, 12 Plaintiff, 13 v. 14 G. PEREZ, et al., 15 No. 2:17-cv-2343 MCE CKD P FINDINGS AND RECOMMENDATIONS Defendants. 16 17 On January 16, 2019, the court directed plaintiff to file a response to defendant Perez’s 18 pending motion for summary judgment within 30 days. Plaintiff was warned that failure to file a 19 response within 30 days would result in a recommendation that this action be dismissed without 20 prejudice pursuant to Federal Rule of Civil Procedure 41(b). Plaintiff has not filed a response to 21 the pending motion for summary judgment. 22 23 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. P. 41(b). 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, any party may file written 27 objections with the court and serve a copy on all parties. Such a document should be captioned 28 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 1 1 objections shall be served and filed within fourteen days after service of the objections. The 2 parties are advised that failure to file objections within the specified time may waive the right to 3 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 Dated: March 4, 2019 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 1 morf2343.frs 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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