(PS) Shook v. McLeod ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEFFORY LYNN SHOOK, No. 2:20-cv-01146 JAM AC PS 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 SAM McLEOD, et al., 15 Defendants. 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 June 17, 2020, the 19 court declined to serve the complaint, and granted plaintiff 30 days to file an amended complaint. 20 ECF No. 5. Plaintiff did not file an amended complaint. On July 22, 2020, the court ordered 21 plaintiff to show cause within 14 days why this case should not be dismissed for failure to 22 prosecute. ECF No. 6. Plaintiff was cautioned that failure to do so could lead to a 23 recommendation that the action be dismissed. Plaintiff has not responded to the court’s orders, 24 nor taken any action to prosecute this case. 25 Therefore, IT IS HEREBY RECOMMENDED that this action be dismissed, without 26 prejudice, for lack of prosecution and for failure to comply with the court’s order. See Fed. R. 27 Civ. P. 41(b); Local Rule 110, 183(b). 28 //// HwOASS ERITUUVEAINET ENN RUC PIR OP er eve 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 (21) 3 || 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: August 10, 2020 ° Attr0n— LMn 2 10 ALLISON CLAIRE 4 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28