Opinion
No. 2:15-cv-0521 CKD P
08-29-2016
JESS PEREZ, III, Plaintiff, v. L. SCMIDT, et al., Defendants.
ORDER AND FINDINGS AND RECOMMENDATIONS
Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On June 6, 2016, defendants filed a motion to compel. On July 27, 2016, plaintiff was ordered to file a response to the motion within 21 days. In the same order, plaintiff was informed that failure to file a response would result in dismissal pursuant to Fed. R. Civ. P. 41(b). The twenty-one day period has now expired, and plaintiff has not responded to the court's order.
Accordingly IT IS HEREBY ORDERED that the Clerk of the Court assign a district court judge to this case; and
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." Any response to the objections shall be filed and served within fourteen days after service of the objections. 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: August 29, 2016
/s/_________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE 1
pere0521.46fr