(PS) Schembri v. FBI Headquarters ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KIMBERLEY A. SCHEMBRI, Case No. 2:23-cv-00183-DAD-JDP (PS) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS 13 v. THAT PLAINTIFF’S COMPLAINT BE DISMISSED FOR FAILURE TO 14 FBI HEADQUARTERS, et al., PROSECUTE, COMPLY WITH COURT ORDERS, AND STATE A CLAIM 15 Defendants. ECF No. 1 16 OBJECTIONS DUE WITHIN FOURTEEN 17 DAYS 18 19 On May 23, 2023, I screened plaintiff’s complaint, notified her that it failed state a claim, 20 and granted her thirty days to file an amended complaint. ECF No. 5. Plaintiff failed to timely 21 file an amended complaint. Accordingly, on December 26, 2023, I ordered her to show cause 22 within fourteen days why this action should not be dismissed for failure to prosecute and failure 23 to state a claim. ECF No. 7. I notified her that if she wished to continue with this lawsuit, she 24 must file an amended complaint. I also warned plaintiff that failure to comply with the December 25 26, 2023 order would result in a recommendation that this action be dismissed. Id. 26 The deadline has passed, and plaintiff has not filed an amended complaint or otherwise 27 responded to the December 26, 2023 order. Accordingly, it is hereby RECOMMENDED that: 28 1 1. This action be dismissed without prejudice for failure to prosecute, failure to comply 2 | with court orders, and failure to state a claim for the reasons set forth in the December 26, 2023 3 | order. 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 IT IS SO ORDERED. 16 17 | Dated: _ February 7, 2024 Jesus (aise 18 JEREMY D,. PETERSON UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28