(PS) Smith et al v. Westwood Vistas et al, No. 2:2018cv00473 - Document 12 (E.D. Cal. 2019)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 3/29/2019 RECOMMENDING that this action be dismissed without prejudice, for lack of prosecution and for failure to comply with the court's order. Referred to Judge John A. Mendez. Objections due within 21 days after being served with these findings and recommendations. (Washington, S)

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(PS) Smith et al v. Westwood Vistas et al Doc. 12 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 PATRICIA LYNN SMITH and GLENN FORD DEARY, II, Plaintiffs, 13 14 15 16 No. 2:18-cv-00473 JAM AC (PS) FINDINGS AND RECOMMENDATIONS v. WESTWOOD VISTAS, et al., Defendants. 17 18 Plaintiffs are proceeding in this action pro se and in forma pauperis. The action was 19 referred to the undersigned for pretrial matters by E.D. Cal. R. (“Local Rule”) 302(c)(21). On 20 November 30, 2018, the court screened the complaint, found it inadequate to be served, and 21 ordered plaintiffs to file an amended complaint within 30 days. ECF No. 8. Plaintiffs moved for 22 and were granted an extension of time, and were instructed to file their amended complaint no 23 later than March 11, 2019. ECF Nos. 9, 10. Plaintiffs were cautioned that failure to do so could 24 lead to a recommendation that the action be dismissed. Plaintiffs did not file an amended 25 complaint, and the court issued an order to show cause within 14 days why the case should not be 26 dismissed for failure to prosecute on March 13, 2019. ECF No. 11. Plaintiffs have not responded 27 to the court’s order nor taken any action to prosecute this case. 28 Therefore, IT IS HEREBY RECOMMENDED that this action be dismissed, without 1 Dockets.Justia.com 1 prejudice, for lack of prosecution and for failure to comply with the court’s order. See Fed. R. 2 Civ. P. 41(b); Local Rule 110. 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one 5 (21) days after being served with these findings and recommendations, plaintiffs may file written 6 objections with the court. Such document should be captioned “Objections to Magistrate Judge’s 7 Findings and Recommendations.” Local Rule 304(d). Plaintiffs are advised that failure to file 8 objections within the specified time may waive the right to appeal the District Court’s order. 9 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 DATED: March 29, 2019 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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