(PS)Shultz v. Kern County ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SUSAN MARIE SHULTZ, No. 2:22-cv-00397 KJM AC PS 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 KERN COUNTY, 15 Defendant. 16 17 Plaintiff is proceeding in this action pro se. The action was accordingly referred to the 18 undersigned for pretrial matters by E.D. Cal. R. (“Local Rule”) 302(c)(21). On March 4, 2022, 19 the court granted plaintiff’s application to proceed in forma paupers but declined to serve the 20 complaint pursuant to the IFP screening process, giving plaintiff an opportunity to file an 21 amended complaint. ECF No. 3. Plaintiff did not file an amended complaint. Concerned that 22 plaintiff had abandoned this case, the court issued an order to show cause within 14 days why this 23 action should not be dismissed for failure to prosecute. ECF No. 4. Plaintiff was cautioned that 24 failure respond could lead to a recommendation that the action be dismissed. Plaintiff did not 25 respond. Plaintiff has not responded to the court’s orders, nor taken any action to prosecute this 26 case. 27 Therefore, IT IS HEREBY RECOMMENDED that this action be dismissed, without 28 prejudice, for lack of prosecution and for failure to comply with the court’s order. See Fed. R. 1 |} Civ. P. 41(b); Local Rule 110. 2 These findings and recommendations are submitted to the United States District Judge 3 || assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within twenty-one 4 | (21) days after being served with these findings and recommendations, plaintiff may file written 5 || objections with the court. Such document should be captioned “Objections to Magistrate Judge’s 6 || Findings and Recommendations.” Local Rule 304(d). Plaintiff advised that failure to file 7 || objections within the specified time may waive the right to appeal the District Court’s order. 8 | Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 9 || DATED: April 26, 2022 ~ 10 ththienr—Chnp—e_ ALLISON CLAIRE 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28