(PS) Abed v. Emino ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALI ABED, Case No. 2:21-cv-01152-DJC-JDP (PS) 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 HEATHER EMINO, et al., 15 Defendants. 16 17 I previously screened plaintiff’s complaint, notified her that it failed to state a claim, and 18 recommended that the complaint be dismissed without leave to amend. ECF No. 3. I 19 subsequently vacated the findings and recommendations and gave plaintiff thirty days to file an 20 amended complaint. ECF No. 4. Plaintiff failed to timely file an amended complaint. 21 Accordingly, on April 5, 2023, I ordered her to show cause within fourteen days why this action 22 should not be dismissed for failure to prosecute and failure to state a claim. ECF No. 6. I notified 23 her that if she wished to continue with this lawsuit, she would need to file an amended complaint. 24 I also warned plaintiff that failure to comply with the April 5 order would result in a 25 recommendation that this action be dismissed. Id. 26 The deadline has passed, and plaintiff has not filed an amended complaint or otherwise 27 responded to the April 5, 2023 order. Accordingly, it is hereby RECOMMENDED that: 28 1. This action be dismissed for failure to prosecute, failure to comply with court orders, 1 | and failure to state a claim for the reasons set forth in the April 13, 2022 order. 2 2. The Clerk of Court be directed to close the case. 3 These findings and recommendations are submitted to the United States District Judge 4 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 5 | after being served with these findings and recommendations, any party may file written 6 | objections with the court and serve a copy on all parties. Such a document should be captioned 7 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 8 | objections shall be served and filed within fourteen days after service of the objections. The 9 | parties are advised that failure to file objections within the specified time may waive the right to 10 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 11 | v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 12 3 IT IS SO ORDERED. 14 ( ie — Dated: _ June 13, 2023 q-—— 15 JEREMY D. PETERSON 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28