(PS) Tremaine v. Federal Bureau of Investigation, No. 2:2016cv02182 - Document 8 (E.D. Cal. 2016)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/30/16 ORDERING that the 12/7/16 hearing on Defendant's Motion to Dismiss 5 is VACATED. Further, it is RECOMMENDED that this action be dismissed for failu re to prosecute and to comply with Court Orders and the Court's local rules. These Findings and Recommendations are submitted to the U.S. District Judge Judge Kimberly J. Mueller; Objections to these F&R due within fourteen days.(Mena-Sanchez, L)

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(PS) Tremaine v. Federal Bureau of Investigation Doc. 8 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY STEVEN TREMAINE, 12 Plaintiff, 13 14 15 No. 2:16-cv-2182-KJM-EFB PS v. ORDER AND FINDINGS AND RECOMMENDATIONS FEDERAL BUREAU OF INVESTIGATION, Defendant. 16 17 Defendant filed a motion to dismiss this action pursuant to Federal Rule of Civil 18 19 Procedure 12(b)(1) and 12(B)(6), and noticed the motion for hearing on November 2, 2016. ECF 20 Nos. 4, 5. Plaintiff failed to timely file an opposition or statement of non-opposition to the 21 motion. Accordingly, the hearing was continued to December 7, 2016, and plaintiff was ordered, 22 by no later than November 23, 2016, to file an opposition or statement of non-opposition to the 23 motion and to show cause why sanctions should not be imposed for his failure to timely file an 24 opposition or statement of non-opposition. ECF No. 7. Plaintiff was also admonished that failure 25 to file an opposition would be deemed a statement of non-opposition to the granting of 26 defendant’s motion, and could result in a recommendation that this action be dismissed for lack of 27 prosecution and/or failure to comply with court orders and the court’s local rules. Id. 28 ///// 1 Dockets.Justia.com 1 2 The deadline has passed and plaintiff has not filed an opposition or statement of nonopposition to the pending motion, nor has he responded to the court’s order to show cause. 3 4 Accordingly, it is hereby ORDERED that the December 7, 2016 hearing on defendant’s motion to dismiss is vacated. 5 Further, it is RECOMMENDED that this action be dismissed for failure to prosecute and 6 to comply with court orders and the court’s local rules. See Fed. R. Civ. P. 41(b); Cal. E.D. L.R. 7 110. 8 These findings and recommendations are submitted to the United States District Judge 9 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 10 after being served with these findings and recommendations, plaintiff may file written objections 11 with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 12 and Recommendations.” Failure to file objections within the specified time may waive the right 13 to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); 14 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 15 DATED: November 30, 2016. 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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