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Franks v. Kelso

United States District Court, Eastern District of California
Oct 24, 2022
2:17-cv-01056-KJM-CKD (E.D. Cal. Oct. 24, 2022)

Opinion

2:17-cv-01056-KJM-CKD

10-24-2022

TOM M. FRANKS, Plaintiff, v. J. CLARK KELSO, et al., Defendants.


FINDINGS AND RECOMMENDATIONS

CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE.

Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On June 9, 2022 defendant Giddings filed a motion for summary judgment. ECF No. 106. On August 17, 2022 plaintiff was ordered to file an opposition or a statement of nonopposition to the pending motion within thirty days. ECF No. 110. In the same order, plaintiff was informed that failure to file an opposition would result in a recommendation that this action be dismissed pursuant to Fed.R.Civ.P. 41(b). 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.” 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).


Summaries of

Franks v. Kelso

United States District Court, Eastern District of California
Oct 24, 2022
2:17-cv-01056-KJM-CKD (E.D. Cal. Oct. 24, 2022)
Case details for

Franks v. Kelso

Case Details

Full title:TOM M. FRANKS, Plaintiff, v. J. CLARK KELSO, et al., Defendants.

Court:United States District Court, Eastern District of California

Date published: Oct 24, 2022

Citations

2:17-cv-01056-KJM-CKD (E.D. Cal. Oct. 24, 2022)