(PC) Hurtado v. Sylvan ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANGEL HURTADO, Case No. 2:21-cv-00888-JDP (PC) 12 Plaintiff, ORDER DIRECTING THE CLERK OF COURT TO ASSIGN A DISTRICT JUDGE 13 v. FINDINGS AND RECOMMENDATIONS 14 SYLVAN, THAT THIS ACTION BE DISMISSED FOR FAILURE TO PROSECUTE AND FAILURE 15 Defendant. TO COMPLY WITH COURT ORDERS 16 OBJECTIONS DUE WITHIN FOURTEEN DAYS 17 18 19 On February 1, 2023, I issued an order setting an initial scheduling conference for March 20 9, 2023, and directing the parties to file status reports by no later than February 23, 2023. 21 ECF No. 17. Defendant timely submitted a status report, but plaintiff did not file a report. 22 Accordingly, on March 7, 2023, I continued the initial scheduling conference to April 13, 2023, 23 and ordered plaintiff to show cause by March 30, 2023 why this action should not be dismissed 24 for failure to prosecute and failure to comply with court orders. ECF No. 19. In that order, I also 25 directed him to file a status report by no later than March 30, 2023. Id. I warned plaintiff that 26 failure to comply with the March 7 order may result in a recommendation that this action be 27 dismissed. 28 1 The deadline has passed, and plaintiff has neither filed a status report nor otherwise 2 | responded to the March 7, 2023 order. 3 Accordingly, it is hereby ORDERED that the Clerk of Court randomly assign a district 4 | judge to this matter. 5 Further, it is hereby RECOMMENDED that: 6 1. This action be dismissed for failure to prosecute and failure to comply with court 7 | orders, for the reasons set forth in the March 7, 2023 order. 8 2. The Clerk of Court be directed to close the case. 9 These findings and recommendations are submitted to the United States District Judge 10 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days 11 | after being served with these findings and recommendations, any party may file written 12 | objections with the court and serve a copy on all parties. Such a document should be captioned 13 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 14 | objections shall be served and filed within fourteen days after service of the objections. The 15 | parties are advised that failure to file objections within the specified time may waive the right to 16 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 17 | v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 18 19 IT IS SO ORDERED. 20 ( q oy — Dated: _ April 6, 2023 q——— 21 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28