(PS) (SS) Day v. Commissioner of Social Security, No. 2:2015cv02583 - Document 4 (E.D. Cal. 2016)

Court Description: ORDER and FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 4/11/2016 DIRECTING the Clerk of Court to randomly assign a district judge to this matter; ASSIGNING CASE to District Judge Troy L. Nunley; RECOMMENDING that this act ion be dismissed, without prejudice, for lack of prosecution and for failure to comply with the courts order pursuant to F.R.Cv.P. Rule 41(b), E.D. Cal. R. 110; REFERRING this matter to Judge Troy L. Nunley; ORDERING that any objections be filed within twenty-one (21) days. New case number: 2:15-cv-02583-TLN AC (PS)(SS). (Michel, G.)

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(PS) (SS) Day v. Commissioner of Social Security Doc. 4 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LISA ANN DAY, 12 13 14 15 16 No. 2:15-cv-02583-AC Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. 17 Plaintiff is proceeding in this matter pro se and in forma pauperis. On January 8, 2016, 18 the court dismissed plaintiff’s complaint with leave to amend within 30 days. ECF No. 3. The 19 order cautioned plaintiff that failure to file an amended complaint would result in a 20 recommendation that this action be dismissed. Id. at 4 ¶ 3. Plaintiff has not filed an amended 21 complaint, nor taken any other action to prosecute this case. 22 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court randomly assign a 23 district judge to this matter. 24 Further, IT IS HEREBY RECOMMENDED that pursuant to Fed. R. Civ. P. 41(b) and 25 E.D. Cal. R. 110, this action be dismissed, without prejudice, for lack of prosecution and for 26 failure to comply with the court’s order. 27 These findings and recommendations are submitted to the United States District Judge 28 1 Dockets.Justia.com 1 assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one (21) 2 days after being served with these findings and recommendations, plaintiff may file written 3 objections with the court. Such document should be captioned “Objections to Magistrate Judge’s 4 Findings and Recommendations.” Local Rule 304(d). Plaintiff is advised that failure to file 5 objections within the specified time may waive the right to appeal the District Court’s order. 6 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 7 DATED: April 11, 2016 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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