(PC) Seamster v. Uddin ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LENZO SEAMSTER, No. 2:21-cv-00972 DJC AC 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 MESKATH UDDIN, 15 Defendant. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 18 U.S.C. § 1983. On October 18, 2023, defendant filed a motion for summary judgment. ECF No. 19 23. On December 19, 2023 plaintiff was ordered to file an opposition or a statement of non- 20 opposition to the pending motion within thirty days. ECF No. 26. In the same order, plaintiff 21 was informed that failure to file an opposition would result in a recommendation that this action 22 be dismissed without prejudice for failure to prosecute pursuant to Federal Rule of Civil 23 Procedure 41(b). The 30 day time period has now expired, and plaintiff has not responded to the 24 court’s order. 25 For the foregoing reasons, IT IS HEREBY RECOMMENDED that: 26 1. This action be dismissed without prejudice pursuant to Federal Rule of Civil 27 Procedure 41(b). 28 2. Defendant’s motion for summary judgment (ECF No. 23) be denied as moot. ] These findings and recommendations are submitted to the United States District Judge 2 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 3 || after being served with these findings and recommendations, any party may file written 4 || objections with the court and serve a copy on all parties. Such a document should be captioned 5 || “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 6 || objections shall be filed and served within fourteen days after service of the objections. The 7 || parties are advised that failure to file objections within the specified time may waive the right to 8 | appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 9 || DATED: February 12, 2024 . 10 Ctlhter— Lane 11 ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28