(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-01012-JDP (PC) 12 Plaintiff, ORDER DIRECTING THE CLERK OF COURT TO ASSIGN A DISTRICT JUDGE 13 v. TO THIS MATTER 14 SOLANO COUNTY JUSTICE CENTER, FINDINGS AND RECOMMENDATIONS et al.¸ THAT THIS MATTER BE DISMISSED FOR 15 FAILURE TO PROSECUTE AND COMPLY Defendants. WITH COURT ORDERS 16 ECF No. 7 17 OBJECTIONS DUE WITHIN FOURTEEN 18 DAYS 19 20 On August 1, 2023, I screened plaintiff’s complaint and notified her that her complaint did 21 not state cognizable claims. ECF No. 5. I granted her thirty days to file an amended complaint or 22 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 September 15, 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 responded. 1 Accordingly, it is hereby ORDERED that the Clerk of Court shall randomly assign a 2 | District Judge to this matter. 3 Further, it is hereby RECOMMENDED that: 4 1. This action be dismissed without prejudice for failure to prosecute and failure to 5 || comply with court orders for the reasons set forth in the September 15, 2023, order. 6 2. The Clerk of Court be directed to close the case. 7 These findings and recommendations are submitted to the United States District Judge 8 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days of 9 | service of these findings and recommendations, any party may file written objections with the 10 | court and serve a copy on all parties. Such document should be captioned “Objections to 11 | Magistrate Judge’s Findings and Recommendations.” Any response shall be served and filed 12 | within fourteen days of service of the objections. The parties are advised that failure to file 13 | objections within the specified time may waive the right to appeal the District Court’s order. 14 | Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 15 1991). 16 7 IT IS SO ORDERED. 18 ( 1 Oy — Dated: _ November 16, 2023 Q_-——— 19 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28