(PC) Acosta v. Simpson, et al, No. 2:2007cv00513 - Document 36 (E.D. Cal. 2009)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge George W. Foley on 12/14/09, RECOMMENDING that pltf's complaint should be dismissed with prejudice based on pltf's failure to file a pre-trial statement and failure to respond to the Court's Order to Show Cause. Case referred to Judge Pro. Within 20 days after being served with these f&r's, pltf may file written objections with the court. (Kastilahn, A)
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(PC) Acosta v. Simpson, et al Doc. 36 1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA 4 5 6 7 8 9 10 MICHAEL RAY ACOSTA, SR., ) ) Plaintiff, ) ) vs. ) ) SIMPSON, et al., ) ) Defendants. ) __________________________________________) Case No. 2:07-cv-00513-PMP-GWF FINDINGS AND RECOMMENDATIONS 11 12 On September 3, 2009, the Court ordered Plaintiff to file his pre-trial statement on or 13 before September 14, 2009. (Dkt. #32). Plaintiff failed to meet that deadline. Defendants filed 14 their pre-trial statement with the Court on September 28, 2009. (See Dkt. #34). On November 9, 15 2009, the Court issued an Order to Show Cause within fifteen (15) days why the Court should 16 not recommend dismissal of Plaintiff’s Complaint due to Plaintiff’s failure to file a pre-trial 17 statement. (Dkt. #35) To date, Plaintiff has not filed a pre-trial statement and has not responded 18 to the Court’s Order to Show Cause. Accordingly, 19 IT IS HEREBY RECOMMENDED that Plaintiff’s Complaint (Dkt. #1) should be 20 DISMISSED with prejudice based on Plaintiff’s failure to file a pre-trial statement and failure 21 to respond to the Court’s Order to Show Cause. 22 NOTICE 23 These Findings and Recommendations are submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within twenty 25 (20) days after being served with these Findings and Recommendations, plaintiff may file written 26 ... 27 ... 28 ... Dockets.Justia.com 1 objections with the court. Such a document should be captioned “Objections to Magistrate 2 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections 3 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 4 Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 DATED this 14th day of December, 2009. 6 7 8 ______________________________________ GEORGE FOLEY, JR. United States Magistrate Judge 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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