(PS) Garcia v. Santos, No. 2:2019cv00350 - Document 4 (E.D. Cal. 2019)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/2/2019 RECOMMENDING that this action be dismissed for lack of jurisdiction. It is also ORDERED that all pleadings, discovery, and motion practice is STAYED pending resolution of these findings and recommendations. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Huang, H)

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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 STEPHEN GARCIA, 12 13 14 No. 2:19-cv-00350 TLN CKD (PS) Plaintiffs, v. ORDER & BRIANA SANTOS, 15 FINDINGS AND RECOMMENDATIONS Defendant. 16 17 18 19 Plaintiff is proceeding in this action pro se. The matter was referred to a United States Magistrate Judge pursuant to Local Rule 302(c). On March 6, 2019, the undersigned issued an order to show cause no later than March 19, 20 2019 why this action should not be dismissed for lack of jurisdiction. Plaintiff was advised that 21 failure to allege a proper basis for jurisdiction would result in a recommendation that this action 22 be dismissed. The deadline has passed, and plaintiff not shown cause why this action should not 23 be dismissed. 24 25 26 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, 27 discovery, and motion practice in this action are STAYED pending resolution of the findings and 28 recommendations. With the exception of objections to the findings and recommendations and 1 1 any non-frivolous motions for emergency relief, the court will not entertain or respond to any 2 motions and other filings until the findings and recommendations are resolved. 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, plaintiff may file written objections 6 with the court and serve a copy on all parties. Such a document should be captioned “Objections 7 to Magistrate Judge’s Findings and Recommendations.” Plaintiff is 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: April 2, 2019 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 2/garcia00350.f&rs_nojuris 18 19 20 21 22 23 24 25 26 27 28 2

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