(PC) Aleem v. Lizarraga ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FAROOQ ABDUL ALEEM, No. 2:18-cv-1210 KJM CKD P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 J. LIZARRAGA, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 18 U.S.C. § 1983. On June 8, 2021, defendants filed a motion to dismiss. On July 9, 2021, plaintiff 19 was ordered to file an opposition or a statement of non-opposition to the pending motion within 20 thirty days. In the same order, plaintiff was informed that failure to file an opposition would 21 result in a recommendation that this action be dismissed pursuant to Fed. R. Civ. P. 41(b). The 22 thirty-day period has now expired, and plaintiff has not filed an opposition or statement of non- 23 opposition.1 24 ///// 25 ///// 26 27 1 On August 2, 2021, movant filed a document titled “Notice to Agent is Notice to Principal, Notice to Principal is Notice to Agent.” The content of the document makes no sense within the 28 context of these proceedings. ] For the foregoing reasons, IT IS HEREBY RECOMMENDED that this action be 2 || dismissed pursuant to Federal Rule of Civil Procedure 41(b). 3 These findings and recommendations are submitted to the United States District Judge 4 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 5 || after being served with these findings and recommendations, any party may file written 6 || objections with the court and serve a copy on all parties. Such a document should be captioned 7 || “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 8 || objections shall be filed and served within fourteen days after service of the objections. The 9 || parties are advised that failure to file objections within the specified time may waive the right to 10 || appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 11 | Dated: August 17, 2021 / aa / x ly a 2 CAROLYN K.DELANEY 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 | 4 7 alle 1210.46fr 18 19 20 21 22 23 24 25 26 27 28