(PC) Allen v. CSP- Sacramento ( 2022 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL DEWAYNE ALLEN, No. 2:20-CV-0055-TLN-DMC-P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 V. GEMMET, et al., 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. Pending before the Court is Defendants’ unopposed motion to dismiss, ECF 19 No. 49. 20 In their motion to dismiss, Defendants contend that this action must be dismissed 21 in its entirety as to all claims and defendants because it was filed beyond the applicable two-year 22 limitations period and is, therefore, untimely. See ECF No. 49-1. After the time to oppose the 23 motion had expired and Plaintiff had not filed any opposition to Defendants’ motion, on June 7, 24 2022, the Court issued a minute order advising that, pursuant to Eastern District of California 25 Local Rule 230(c), (l), the Court could construe Plaintiff’s failure to file an opposition as consent 26 to the relief requested in Defendant’s motion. See ECF No. 52. Plaintiff was also granted 27 additional 30 days within which to file an opposition. See id. To date, Plaintiff has not filed any 28 opposition to Defendants’ motion, which the Court recommends be granted. 1 Based on the foregoing, the undersigned recommends that Defendants’ unopposed 2 | motion to dismiss, ECF No. 49, be granted and that this action be dismissed in its entirety with 3 | prejudice. 4 These findings and recommendations are submitted to the United States District 5 | Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within 14 days 6 | after being served with these findings and recommendations, any party may file written objections 7 | with the Court. Responses to objections shall be filed within 14 days after service of objections. 8 | Failure to file objections within the specified time may waive the right to appeal. See Martinez v. 9 | Yist, 951 F.2d 1153 (9th Cir. 1991). 10 11 | Dated: July 22, 2022 Ssvcqo_ DENNIS M. COTA 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28