Opinion
No. 2:08-cv-1965 MCE CKD P
09-09-2015
MAURICE WOODSON, Plaintiff, v. M. WEISMAN, et al., Defendants.
FINDINGS AND RECOMMENDATIONS
Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On March 16, 2015, defendants filed a motion for summary judgment. (ECF No. 60.) Plaintiff has been granted three extensions of time to file an opposition or a statement of non-opposition to the pending motion. (ECF Nos. 62, 65, 67.) On July 31, 2015, plaintiff was informed that failure to file a response to the motion within thirty days would result in a recommendation that this action be dismissed. (ECF No. 67.) The thirty day period has now expired, and plaintiff has not responded to the court's order.
For the foregoing reasons, IT IS HEREBY RECOMMENDED that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b).
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). Dated: September 9, 2015
/s/_________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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