(PC) McCraven v. Solano County Justice Center et al, No. 2:2023cv01122 - Document 8 (E.D. Cal. 2023)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 11/30/23 DIRECTING the Clerk to randomly assign a District Judge. Chief District Judge Kimberly J. Mueller added to case. It is further RECOMMENDED this action b e dismissed without prejudice for failure to prosecute and failure to comply with court orders. Referred to Judge Kimberly J. Mueller. Objections due within 14 days of service of these findings and recommendations. New Case Number: 2:23-cv-1122 KJM JDP (PC). (Licea Chavez, V)

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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 JESSICA MARIE McCRAVEN, 12 13 14 15 16 Plaintiff, v. SOLANO COUNTY JUSTICE CENTER, et al.¸ Defendants. Case No. 2:23-cv-01122-JDP (PC) ORDER DIRECTING THE CLERK OF COURT TO RANDOMLY ASSIGN A UNITED STATES DISTRICT JUDGE TO THIS MATTER FINDINGS AND RECOMMENDATIONS THAT THIS MATTER BE DISMISSED FOR FAILURE TO PROSECUTE AND COMPLY WITH COURT ORDERS 17 ECF No. 7 18 OBJECTIONS DUE WITHIN FOURTEEN DAYS 19 20 On August 25, 2023, I screened plaintiff’s complaint and notified her that her complaint 21 did not state cognizable claims. ECF No. 5. I granted her thirty days to file an amended 22 complaint or an advisement indicating her intent to stand by her current complaint, subject to a 23 recommendation that it be dismissed. Plaintiff did not respond. Accordingly, on October 26, 24 2023, I ordered her to show cause within twenty-one days why this action should not be 25 dismissed. ECF No. 7. I warned her that failure to comply with that order would result in a 26 recommendation that this action be dismissed. Id. at 2. 27 The deadline has passed, and plaintiff has not filed an amended complaint or otherwise 28 1 1 responded. 2 3 Accordingly, it is hereby ORDERED that the Clerk of Court shall randomly assign a District Judge to this matter. 4 Further, it is hereby RECOMMENDED that: 5 1. This action be dismissed without prejudice for failure to prosecute and failure to 6 comply with court orders for the reasons set forth in the October 26, 2023, order. 7 2. The Clerk of Court be directed to close the case. 8 These findings and recommendations are submitted to the United States District Judge 9 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days of 10 service of these findings and recommendations, any party may file written objections with the 11 court and serve a copy on all parties. Such document should be captioned “Objections to 12 Magistrate Judge’s Findings and Recommendations.” Any response shall be served and filed 13 within fourteen days of service of the objections. The parties are advised that failure to file 14 objections within the specified time may waive the right to appeal the District Court’s order. 15 Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 16 1991). 17 18 IT IS SO ORDERED. 19 Dated: November 30, 2023 20 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 2

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