(PC) Perkins v. O'Reilly ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DE’VON-SAMUEL JAMES- Case No. 2:18-cv-01827-TLN-JDP (PC) SINGLETON PERKINS, 12 FINDINGS AND RECOMMENDATIONS Plaintiff, THAT THIS ACTION BE DISMISSED FOR 13 FAILURE TO PROSECUTE, FAILURE TO v. COMPLY WITH COURT ORDERS, AND 14 FAILURE TO COMPLY WITH LOCAL O’REILLY, et al., RULES 15 Defendants. OBJECTIONS DUE WITHIN FOURTEEN 16 DAYS 17 18 On July 2, 2021, defendant Soltanian-Zadeh filed a motion for summary judgment. ECF 19 No. 73. In violation of Local Rule 230(l), plaintiff failed to timely file an opposition or statement 20 of non-opposition. Accordingly, on September 16, 2021, I ordered plaintiff to show cause within 21 twenty-one days why this action should not be dismissed for failure to prosecute and for failure to 22 comply with the court’s local rules. ECF No. 76. I notified him that if he wished to continue this 23 lawsuit, he needed to file, within twenty-one days, an opposition or statement of non-opposition 24 to respondent’s motion. Id. I also warned him that failure to comply with the October 27 order 25 would result in a recommendation that this action be dismissed. 26 Then, on September 30, 2021, defendant O’Reilly filed a motion for summary judgment. 27 To date, plaintiff has not responded to either that motion, defendant Soltantian-Zadeh’s motion, 28 or the September 16, 2021 order. 1 Accordingly, it is hereby RECOMMENDED that: 2 1. This action be dismissed for failure to prosecute, failure to comply with court orders, 3 | and failure to comply with the court’s local rules. 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 15 | SO ORDERED. 16 ( i _ 7 Dated: _ December 6, 2021 Q_——_ JEREMY D. PETERSON 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28