(PS) Tautau v. FBI of Sacramento, CA, Texas and Georgia ( 2019 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 TUYLLA TAUTAU, No. 2:19-cv-01126 JAM AC (PS) 11 Plaintiff, 12 v. FINDINGS AND RECOMMENDATIONS 13 FBI OF SACRAMENTO, CA, TEXAS AND GEORGIA., 14 Defendants. 15 16 17 Plaintiff is proceeding in this action pro se. The action was accordingly referred to the 18 undersigned for pretrial matters by E.D. Cal. R. (“Local Rule”) 302(c)(21). On July 30, 2019, the 19 court granted plaintiff’s in forma pauperis (“IFP”) application but rejected the complaint, granting 20 plaintiff 30 days to file an amended complaint. ECF No. 5. Plaintiff was cautioned that failure to 21 do so could lead to a recommendation that the action be dismissed. Plaintiff did not file an 22 amended complaint within the time limit. On September 3, 2019, the court issued an order to 23 show cause within 14 days why this case should not be dismissed for failure to prosecute. ECF 24 No. 6. Plaintiff has not responded to the court’s orders, nor taken any action to prosecute this 25 case. 26 Therefore, IT IS HEREBY RECOMMENDED that this action be dismissed, without 27 prejudice, for lack of prosecution and for failure to comply with the court’s order. See Fed. R. 28 Civ. P. 41(b); Local Rule 110. 1 These findings and recommendations are submitted to the United States District Judge 2 || assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within twenty-one 3 || (21) days after being served with these findings and recommendations, plaintiff may file written 4 | objections with the court. Such document should be captioned “Objections to Magistrate □□□□□□ □ 5 | Findings and Recommendations.” Local Rule 304(d). Plaintiff is advised that failure to file 6 || objections within the specified time may waive the right to appeal the District Court’s order. 7 | Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 8 | DATED: September 19, 2019 ~ 9 Attten— Lhar—e_ ALLISON CLAIRE 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28