(PS) RamSing v. Sacramento County Superior Court ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAM RAMSING, No. 2:17-cv-2631-MCE-EFB PS 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 SACRAMENTO SUPERIOR COURT, 15 Defendant. 16 17 Plaintiff filed a motion for default judgment against defendant Sacramento Superior 18 Court, but he failed to notice the motion for hearing as required by the court’s local rules. ECF 19 No. 16; see E.D. L.R. Cal. 230(b). Accordingly, he was ordered to contact chambers to obtain 20 available civil law and motion hearing dates. After he failed to comply with that order, plaintiff’s 21 defectively filed motion for default judgment was denied without prejudice, and he was ordered 22 to show cause why sanctions should not be imposed for his failure to comply with the court’s 23 order. ECF No. 18. 24 In response, plaintiff argued that this case should not be dismissed. ECF No. 19. But he 25 did not provide any explanation as to why sanctions should not be imposed. Nor did he take any 26 action to prosecute this case. Accordingly, plaintiff was then ordered to show cause, by no later 27 than February 21, 2020, why this action should not be dismissed for lack of prosecution and/or 28 failure to comply with court orders. ECF No. 20. Plaintiff was also admonished that failure to 1 | comply with that order could result in a recommendation that this action be dismissed for lack of 2 || prosecution and/or for failure to comply with court orders. Jd. 3 That deadline has passed, and plaintiff has not responded to the court’s order to show 4 || cause. 5 Accordingly, it is hereby RECOMMENDED that this action be dismissed for failure to 6 || prosecute and to comply with court orders. See Fed. R. Civ. P. 41(b); Cal. E.D. L.R. 110. 7 These findings and recommendations are submitted to the United States District Judge 8 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days 9 | after being served with these findings and recommendations, any party may file written 10 || objections with the court and serve a copy on all parties. Such a document should be captioned 11 | “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 12 || within the specified time may waive the right to appeal the District Court’s order. Turner v. 13 || Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 14 || Dated: February 27, 2020. 15 tid, PDEA 16 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28