(PC) Strelz v. Jackson et al, No. 2:2019cv00183 - Document 48 (E.D. Cal. 2020)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 12/14/2020 ORDERING Clerk to randomly assign a district judge to this case and RECOMMENDING this action be dismissed for Plaintiff's failure to comply with the local rules and with court orders. Assigned and referred to Judge Troy L. Nunley. Objections due within 30 days after being served with these findings and recommendations. (Henshaw, R)
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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 BRADY LEE STRELZ, 12 No. 2:19-cv-0183 DB P Plaintiff, 13 v. 14 JACKSON, et al., 15 ORDER AND FINDINGS AND RECOMMENDATIONS Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. § 18 1983. Plaintiff alleges Eighth Amendment claims of excessive force and deliberate indifference 19 to his serious medical needs when he was incarcerated at California State Prison-Solano. On 20 October 13, 2020, defendants filed a motion for summary judgment. (ECF No. 45.) As set out in 21 this court’s April 29, 2019 order, all motions for summary judgment shall be briefed pursuant to 22 L.R. 230(l). This court warned the parties that “[f]ailure to timely oppose such a motion may be 23 deemed a waiver of opposition to the motion. See L.R. 230(l).” (ECF No. 13.) Local Rule 24 230(l) requires a party opposing a motion for summary judgment to file an opposition within 25 twenty-one days after service of the motion. Over sixty days have passed since defendants filed their motion and plaintiff has not filed 26 27 an opposition or any other response to defendants’ motion. Accordingly, 28 //// 1 1 2 3 4 5 The Clerk of the Court is HEREBY ORDERED to randomly assign a district judge to this case, and IT IS RECOMMENDED that this action be dismissed for plaintiff’s failure to comply with the local rules and with court orders. See L.R. 110; Fed. R. Civ. P. 41. These findings and recommendations will be submitted to the United States District Judge 6 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within thirty days after 7 being served with these findings and recommendations, either party may file written objections 8 with the court. The document should be captioned “Objections to Magistrate Judge's Findings 9 and Recommendations.” The parties are advised that failure to file objections within the specified 10 time may result in waiver of the right to appeal the district court’s order. Martinez v. Ylst, 951 11 F.2d 1153 (9th Cir. 1991). 12 Dated: December 14, 2020 13 14 15 16 17 18 19 20 21 22 DLB:9 DLB1/prisoner-civil rights/stre0183.dism fr 23 24 25 26 27 28 2
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