IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 28, 2012
MALIK JONES, PLAINTIFF,
A. DAVID, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge
Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. On December 28, 2011, the assigned magistrate judge issued findings and recommendations recommending that defendant Holmes's November 15, 2011, motion to dismiss be granted due to plaintiff's failure to file a response. On January 9, 2012, plaintiff filed objections stating that he inadvertently failed to respond to the motion and seeking an additional 21 days to respond to the motion.
On February 8, 2012, this court granted plaintiff an additional 21 days to respond to defendant Holmes's motion to dismiss. Plaintiff failed to respond to the motion within the allotted period.*fn1
Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations filed December 28, 2011 (ECF No. 53), are ADOPTED in full; and
2. The November 15, 2011 motion to dismiss filed by defendant Holmes is GRANTED.