(PC) Gibbs v. Webb ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT A. GIBBS, No. 2:18-cv-02817 DAD DB P 12 Plaintiff, 13 v. ORDER AND FINDINGS & RECOMMENDATIONS 14 J. WEBB, et al., 15 Defendants. 16 17 By order filed January 3, 2023, this court directed plaintiff to file a pretrial statement on or 18 before May 25, 2023. Plaintiff was warned that failure to file a pretrial statement could result in 19 the imposition of sanctions, including dismissal of this action. Plaintiff has not filed a pretrial 20 statement and has not otherwise responded to the court’s order. It is therefore recommended that 21 this action be dismissed without prejudice. See Fed. R. Civ. P. 16(f); Local Rule 110. 22 In accordance with the above, IT IS HEREBY ORDERED that any defendant who has not 23 filed a pretrial statement is relieved from filing a pretrial statement. 24 In addition, IT IS HEREBY RECOMMENDED that this action be dismissed without 25 prejudice. See Fed. R. Civ. P. 16(f); Local Rule 110. 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, any party may file written 1 | objections with the court and serve a copy on all parties. Such a document should be captioned 2 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 3 | objections shall be filed and served within fourteen days after service of the objections. The 4 | parties are advised that failure to file objections within the specified time may waive the right to 5 || appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 6 | Dated: June 8, 2023 gibb2817.fpt Mand?» BARNES ? UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28