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Frank v. Macomber

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Apr 10, 2018
No. 2:15-cv-2133 KJM CKD P (E.D. Cal. Apr. 10, 2018)

Opinion

No. 2:15-cv-2133 KJM CKD P

04-10-2018

WARREN FRANK JR., Plaintiff, v. JEFF MACOMBER, et al., Defendants.


FINDINGS AND RECOMMENDATIONS

On March 5, 2018, plaintiff was ordered to file a response to defendants' January 18, 2018 motion to compel plaintiff to respond to defendants' request for production of documents and motion to deem requests for admissions admitted based on plaintiff's failure to provide a timely response. Plaintiff was granted 21 days within which to file his response and was warned that failure to file a response would result in a recommendation that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). The 21 days allotted to plaintiff for the filing of his response has expired.

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. --------

Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 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 after being served with these findings and recommendations, plaintiff may file written objections with the court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections within the specified time waives the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). Dated: April 10, 2018

/s/_________

CAROLYN K. DELANEY

UNITED STATES MAGISTRATE JUDGE 1
fran2133.frs


Summaries of

Frank v. Macomber

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Apr 10, 2018
No. 2:15-cv-2133 KJM CKD P (E.D. Cal. Apr. 10, 2018)
Case details for

Frank v. Macomber

Case Details

Full title:WARREN FRANK JR., Plaintiff, v. JEFF MACOMBER, et al., Defendants.

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Apr 10, 2018

Citations

No. 2:15-cv-2133 KJM CKD P (E.D. Cal. Apr. 10, 2018)