(HC) Reilley v. Thompson ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEFFREY REILLY, Case No. 2:21-cv-00377-TLN-JDP (HC) 12 Petitioner, FINDINGS AND RECOMMENDATIONS THAT THIS ACTION BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE, FAILURE TO COMPLY WITH COURT ORDERS, AND 14 PAUL THOMPSON, FAILURE TO COMPLY WITH LOCAL RULES 15 Respondent. OBJECTIONS DUE WITHIN FOURTEEN 16 DAYS 17 18 On May 11, 2021, respondent filed a motion to dismiss this case. ECF No. 8. In violation 19 of Local Rule 230(l), petitioner failed to timely file an opposition or statement of non-opposition 20 to respondent’s motion. Accordingly, on June 22, 2021, petitioner was ordered to show cause 21 within twenty-one days why this action should not be dismissed for failure to prosecute and 22 failure to comply with the court’s local rules. ECF No. 9. I notified petitioner that if he wished to 23 continue this lawsuit, he also needed to file, within twenty-one days, an opposition or statement 24 of non-opposition to respondent’s motion. Id. I warned him that failure to comply with the June 25 22 order would result in a recommendation that this action be dismissed. 26 The deadline has passed, and petitioner has not filed an opposition or statement of non- 27 opposition to respondent’s motion nor otherwise responded to the June 22, 2021 order. 28 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; and 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: _ July 25, 2021 17 JEREMY D. PETERSON 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28