(PC) Johnson v. Solano County Sheriff ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES L. JOHNSON, JR., Case No. 2:22-cv-02220-KJM-JDP (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS THAT THIS ACTION BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE, FAILURE TO COMPLY WITH COURT ORDERS, AND 14 SOLANO COUNTY SHERIFF, et al., FAILURE TO COMPLY WITH LOCAL RULES 15 Defendants. OBJECTIONS DUE WITHIN FOURTEEN 16 DAYS 17 18 Defendants filed a motion to dismiss, which was previously noticed for hearing on 19 February 2, 2023. ECF No. 3. After plaintiff failed to timely respond to that motion, I ordered 20 him to show cause why sanctions should not be imposed for his failure to comply with the court’s 21 local rules. ECF No. 7. I also continued the hearing on defendants’ motion and ordered plaintiff 22 to file, by no later than February 16, 2023, either an opposition or statement of non-opposition to 23 that motion. Id. I warned him that failure to comply with that order could result in a 24 recommendation that this action be dismissed. Id. 25 The deadline has passed, and plaintiff has not filed an opposition or statement of non- 26 opposition nor otherwise responded to the January 30, 2023 order to show cause. Accordingly, it 27 is hereby ORDERED that the March 9, 2023 hearing on defendants’ motion to dismiss is vacated. 28 1 Further, it is 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. 4 2. Defendants’ motion to dismiss, ECF No. 3, be denied as moot. 5 3. The Clerk of Court be directed to close the case. 6 These findings and recommendations are submitted to the United States District Judge 7 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 8 || after being served with these findings and recommendations, any party may file written 9 | objections with the court and serve a copy on all parties. Such a document should be captioned 10 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 11 | objections shall be served and filed within fourteen days after service of the objections. The 12 | parties are advised that failure to file objections within the specified time may waive the right to 13 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 14 | v. Vist, 951 F.2d 1153 (9th Cir. 1991). 15 16 IT IS SO ORDERED. 17 ( 1 Sy — Dated: _ March 7, 2023 q——— 18 JEREMY D. PETERSON 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28