(PS) Ruz v. Sessions et al, No. 2:2017cv02483 - Document 5 (E.D. Cal. 2018)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 6/5/18 Recommending that this Action 1 be dismissed, without prejudice, for lack of prosecution and for failure to comply with the Court's order. These Findings and Recommendations are submitted to U.S. District Judge Troy L. Nunley; Objections to F&R due within twenty-one (21) days. (Mena-Sanchez, L)
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(PS) Ruz v. Sessions et al Doc. 5 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GLORIA RUZ, 12 Plaintiff, 13 14 15 No. 2:17-cv-2483 JAM AC PS v. FINDINGS AND RECOMMENDATIONS JEFF B. SESSIONS, Attorney General, et al., Defendants. 16 17 Plaintiff is proceeding in this action pro se. The action was accordingly referred to the 18 19 undersigned for pretrial matters by E.D. Cal. R. (“Local Rule”) 302(c)(21). On November 27, 2017, plaintiff commenced this action by filing a complaint and paying 20 21 the required filing fee. ECF No. 1. An initial scheduling conference was set for May 23, 2018 22 before the undersigned. ECF No. 3. However, the parties failed to submit their status reports 23 fourteen days prior to the hearing pursuant to Local Rule 240(b). Moreover, plaintiff failed to 24 show proof that defendants had been served with the complaint pursuant to Fed. R. Civ. Proc. 25 (“Rule”) 5(d). Accordingly, the court issued an order vacating the hearing and ordering plaintiff 26 to show cause why this cause should not be dismissed for failure to prosecute. ECF No. 4. 27 //// 28 //// 1 Dockets.Justia.com 1 Plaintiff was also cautioned that failure to do so could lead to a recommendation that the action be 2 dismissed. Plaintiff has not responded to the court’s orders, nor taken any action to prosecute this 3 case. 4 Therefore, IT IS HEREBY RECOMMENDED that this action be dismissed, without 5 prejudice, for lack of prosecution and for failure to comply with the court’s order. See Fed. R. 6 Civ. P. 41(b); Local Rule 110. 7 These findings and recommendations are submitted to the United States District Judge 8 assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one (21) 9 days after being served with these findings and recommendations, plaintiff may file written 10 objections with the court. Such document should be captioned “Objections to Magistrate Judge’s 11 Findings and Recommendations.” Local Rule 304(d). Plaintiff is advised that failure to file 12 objections within the specified time may waive the right to appeal the District Court’s order. 13 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 14 DATED: June 5, 2018 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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