(PS) Hayes v. State of Nebraska, No. 2:2019cv00118 - Document 5 (E.D. Cal. 2019)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 2/14/2019 RECOMMENDING that this action be dismissed for lack of jurisdiction. IT IS ALSO HEREBY ORDERED that all pleading, discovery, and motion practice in this action are STAYED pending resolution of the findings and recommendations. Referred to Judge Kimberly J. Mueller. Objections to F&R due within 14 days. (Zignago, K.)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD W. HAYES, 12 13 14 No. 2:19-cv-00118 KJM CKD (PS) Plaintiff, v. ORDER & FINDINGS AND RECOMMENDATIONS STATE OF NEBRASKA, 15 Defendant. 16 17 18 Plaintiff is proceeding in this action pro se. The matter was referred to a United States Magistrate Judge pursuant to Local Rule 302(c). 19 On January 23, 2019, the undersigned issued an order to show cause no later than 20 February 6, 2019 why this action should not be dismissed for lack of jurisdiction. Plaintiff was 21 advised that failure to allege a proper basis for jurisdiction would result in a recommendation that 22 this action be dismissed. The deadline has passed, and plaintiff has not responded to the order. 23 24 25 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed for lack of jurisdiction. In light of these recommendations, IT IS ALSO HEREBY ORDERED that all pleading, 26 discovery, and motion practice in this action are STAYED pending resolution of the findings and 27 recommendations. With the exception of objections to the findings and recommendations and 28 any non-frivolous motions for emergency relief, the court will not entertain or respond to any 1 1 motions and other filings until the findings and recommendations are resolved. 2 These findings and recommendations are submitted to the United States District Judge 3 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 4 after being served with these findings and recommendations, plaintiff may file written objections 5 with the court and serve a copy on all parties. Such a document should be captioned 6 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 7 failure to file objections within the specified time may waive the right to appeal the District 8 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 Dated: February 14, 2019 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 2/ hayes0118.f&rs_nojuris 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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