(PC) Curry v. Sessions ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RYAN INDIANA CURRY, Case No. 2:20-cv-00227-TLN-JDP (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS THAT THIS ACTION BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE AND FAILURE TO COMPLY WITH COURT ORDERS 14 SESSIONS, et al., OBJECTIONS DUE WITHIN FOURTEEN 15 Defendants. DAYS 16 17 18 On March 9, 2021, I ordered plaintiff to file a response to defendants’ motion for 19 terminating sanctions by no later than March 30, 2021. Plaintiff filed neither an opposition nor a 20 statement of non-opposition. Accordingly, on April 26, 2021, I ordered him to show cause within 21 twenty-one days why this action should not be dismissed for failure to prosecute and failure to 22 comply with court orders, and I notified paintiff that if he wished to continue this lawsuit, he also 23 needed to file, within twenty-one days, a response to defendants’ motion. ECF No. 46. I warned 24 him that failure to comply with the April 26 order would result in a recommendation that this 25 action be dismissed. 26 The deadline has passed, and plaintiff has not filed an opposition or a statement of non- 27 opposition or otherwise responded to the April 26 order. 28 1 Accordingly, it is hereby RECOMMENDED that: 2 1. This action be dismissed for failure to prosecute and failure to comply with court 3 | orders. 4 2. The Clerk of Court be directed to close the case. 5 These findings and recommendations are submitted to the United States District Judge 6 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days 7 | after being served with these findings and recommendations, any party may file written 8 | objections with the court and serve a copy on all parties. Such a document should be captioned 9 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 10 | objections shall be served and filed within fourteen days after service of the objections. The 11 | parties are advised that failure to file objections within the specified time may waive the right to 12 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 13 | v. Yist, 951 F.2d 1153 (9th Cir. 1991). 14 1s IT IS SO ORDERED. 16 | q Sty — Dated: _ June 28, 2021 17 JEREMY D. PETERSON 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28