(PC) Harris v. Hill ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EMMETT HARRIS, No. 2:19-cv-1037 KJM AC P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 RICK M. HILL, et al., 15 Defendants. 16 17 Plaintiff is a former state prisoner proceeding pro se with a civil rights action pursuant to 18 42 U.S.C. § 1983. On May 10, 2022, defendants filed a motion for terminating sanctions based 19 on plaintiff’s failure to participate in discovery and comply with court orders. ECF No. 38. After 20 plaintiff failed to respond to the motion, he was given an additional twenty-one days to do so. 21 ECF No. 39. Plaintiff was informed that failure to file an opposition would result in a 22 recommendation that this action be dismissed without prejudice for failure to prosecute pursuant 23 to Federal Rule of Civil Procedure 41(b). Id. The twenty-one-day period has now expired, and 24 plaintiff has not filed an opposition or otherwise responded to the court’s order. 25 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 26 prejudice pursuant to Federal Rule of Civil Procedure 41(b). 27 These findings and recommendations are submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 1 | after being served with these findings and recommendations, any party may file written 2 || objections with the court and serve a copy on all parties. Such a document should be captioned 3 || “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 4 || objections shall be filed and served within fourteen days after service of the objections. The 5 || parties are advised that failure to file objections within the specified time may waive the right to 6 || appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 7 || DATED: July 15, 2022 . 8 CAttt0n— LMMan—e_ 9 ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28