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O'Neill v. McCarthy

United States District Court, E.D. California
Dec 6, 2005
2:04-cv-0169-GEB-GGH-P (E.D. Cal. Dec. 6, 2005)

Opinion

2:04-cv-0169-GEB-GGH-P.

December 6, 2005


ORDER


Plaintiffs have filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262.

On September 1, 2005, the magistrate judge filed findings and recommendations herein which were served on plaintiff and which contained notice to plaintiff that any objections to the findings and recommendations were to be filed within twenty days. Plaintiffs have not filed objections to the findings and recommendations.

On November 14, 2005, plaintiffs filed a request for a 30 day continuance. Plaintiffs state that they have retained an attorney to represent them in this action. This request does not address plaintiffs' failure to prosecute this action. In addition, this request does not identify the attorney by name. For these reasons, the court finds that plaintiffs' request for a continuance is not well supported.

The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis. Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiffs' November 14, 2005, request for a continuance is denied;

2. The findings and recommendations filed September 1, 2005, are adopted in full; and

3. This action is dismissed without prejudice. See Local Rule 11-110; Fed.R.Civ.P. 41(b).


Summaries of

O'Neill v. McCarthy

United States District Court, E.D. California
Dec 6, 2005
2:04-cv-0169-GEB-GGH-P (E.D. Cal. Dec. 6, 2005)
Case details for

O'Neill v. McCarthy

Case Details

Full title:NEAL O'NEILL, et al., Plaintiff, v. AGENT McCARTHY, et al., Defendants

Court:United States District Court, E.D. California

Date published: Dec 6, 2005

Citations

2:04-cv-0169-GEB-GGH-P (E.D. Cal. Dec. 6, 2005)