(PS) Ly v. Amazon.com Services LLC ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JACK LY, Case No. 2:23-cv-00323-DAD-JDP (PS) 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 AMAZON.COM SERVICES LLC, 15 Defendant. 16 17 I previously issued an order setting an initial scheduling conference for April 27, 2023, 18 and directing the parties to file status reports by no later than April 13, 2023. ECF No. 3. 19 Defendant timely submitted a status report. ECF No. 5. Plaintiff, however, failed to file his own 20 status report. Accordingly, on April 21, 2023, I continued the scheduling conference to May 18, 21 2023, and ordered plaintiff to show cause why sanctions should not be imposed for his failure to 22 file a status report. ECF No. 6. I also directed plaintiff to file a status report by May 4, 2023, and 23 warned him that failure to comply with that order could result in a recommendation that this 24 action be dismissed for lack of prosecution and failure to comply with court orders. Id. 25 The deadline has passed, and plaintiff has not filed a status report or otherwise responded 26 to the April 21, 2023 order to show cause. Accordingly, it is hereby ORDERED that the May 18, 27 2023 initial scheduling conference is vacated. 28 1 Further, it is RECOMMENDED that: 2 1. This action be dismissed for failure to prosecute and failure to comply with court 3 | orders. 4 2. The Clerk of Court be directed to close the case. 5 These findings and recommendations are submitted to the United States District Judge 6 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days 7 | after being served with these findings and recommendations, any party may file written 8 | objections with the court and serve a copy on all parties. Such a document should be captioned 9 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 10 | objections shall be served and filed within fourteen days after service of the objections. The 11 | parties are advised that failure to file objections within the specified time may waive the right to 12 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 13 | v. Yist, 951 F.2d 1153 (9th Cir. 1991). 14 1s IT IS SO ORDERED. 16 | q Sty — Dated: _ May 11, 2023 Q——— 17 JEREMY D. PETERSON 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28