(PC) McCraven v. Solano County Justice Center ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JESSICA MARIE McCRAVEN, Case No. 2:23-cv-01122-JDP (PC) 12 Plaintiff, ORDER DIRECTING THE CLERK OF COURT TO RANDOMLY ASSIGN A 13 v. UNITED STATES DISTRICT JUDGE TO THIS MATTER 14 SOLANO COUNTY JUSTICE CENTER, et al.¸ FINDINGS AND RECOMMENDATIONS 15 THAT THIS MATTER BE DISMISSED FOR Defendants. FAILURE TO PROSECUTE AND COMPLY 16 WITH COURT ORDERS 17 ECF No. 7 18 OBJECTIONS DUE WITHIN FOURTEEN DAYS 19 20 On August 25, 2023, I screened plaintiff’s complaint and notified her that her complaint 21 did not state cognizable claims. ECF No. 5. I granted her thirty days to file an amended 22 complaint or an advisement indicating her intent to stand by her current complaint, subject to a 23 recommendation that it be dismissed. Plaintiff did not respond. Accordingly, on October 26, 24 2023, I ordered her to show cause within twenty-one days why this action should not be 25 dismissed. ECF No. 7. I warned her that failure to comply with that order would result in a 26 recommendation that this action be dismissed. Id. at 2. 27 The deadline has passed, and plaintiff has not filed an amended complaint or otherwise 28 1 | responded. 2 Accordingly, it is hereby ORDERED that the Clerk of Court shall randomly assign a 3 | District Judge to this matter. 4 Further, it is hereby RECOMMENDED that: 5 1. This action be dismissed without prejudice for failure to prosecute and failure to 6 | comply with court orders for the reasons set forth in the October 26, 2023, order. 7 2. The Clerk of Court be directed to close the case. 8 These findings and recommendations are submitted to the United States District Judge 9 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days of 10 | service of these findings and recommendations, any party may file written objections with the 11 | court and serve a copy on all parties. Such document should be captioned “Objections to 12 | Magistrate Judge’s Findings and Recommendations.” Any response shall be served and filed 13 | within fourteen days of service of the objections. The parties are advised that failure to file 14 | objections within the specified time may waive the right to appeal the District Court’s order. 15 | Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 16 1991). 17 18 IT IS SO ORDERED. 19 ( q Sty — Dated: _ November 30, 2023 Q_-——— 20 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28