(PS) Hamilton v. State Farm Claim #55-22D5-150, No. 2:2015cv02232 - Document 17 (E.D. Cal. 2016)

Court Description: FINDINGS and RECOMMENDATIONS, recommending action be dismissed without prejudice, signed by Magistrate Judge Edmund F. Brennan on 1/6/2016. These Findings and Recommendations are SUBMITTED to District Judge Kimberly J. Mueller. Within 14 days after being served with these F/Rs, any party may file written Objections with Court and serve a copy on all parties. (Marciel, M)

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(PS) Hamilton v. State Farm Claim #55-22D5-150 Doc. 17 1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 KARI HAMILTON, 13 14 15 No. 2:15-cv-2232-KJM-EFB PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS STATE FARM CLAIM #55-22D5-150, 16 Defendant. 17 18 This action, in which plaintiff is proceeding in propria persona, was referred to the 19 undersigned under Local Rule 302(c)(21), pursuant to 28 U.S.C. § 636(b)(1). On October 28, 20 2015, defendant filed a motion to dismiss. See Fed. R. Civ. P. 12(b)(6). The time for acting 21 passed, and plaintiff failed to file an opposition or otherwise respond to the motion. 22 On December 3, 2015, the court warned plaintiff that failure to respond to the motion could result 23 in a recommendation that this action be dismissed. See Fed. R. Civ. P. 41(b). The court also 24 granted plaintiff a 21-day extension of time to respond. 25 The time for acting has once again passed and plaintiff has not filed an opposition, a 26 statement of no opposition, or otherwise responded to the court’s order. Plaintiff has disobeyed 27 this court’s orders and failed to prosecute this action. The appropriate action is dismissal without 28 prejudice. 1 Dockets.Justia.com 1 2 Accordingly, it is hereby RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. P. 41(b); E.D. Cal. Local Rule 110, 183(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)(l). 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.” Failure to file objections 8 within the specified time may waive the right to appeal the District Court’s order. Turner v. 9 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 Dated: January 7, 2016. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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