(PS) James v. USPS ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LATACHIANNA JAMES, Case No. 2:24-cv-00880-DAD-JDP (PS) 12 Plaintiff, ORDER 13 v. VACATING THE JUNE 13, 2024 HEARING 14 UNITED STATES POSTAL SERVICE, et FINDINGS AND RECOMMENDATIONS al., 15 THAT THIS ACTION BE DISMISSED FOR Defendants. LACK OF PROSECUTION, FAILURE TO 16 COMPLY WITH COURT ORDERS, AND FAILURE TO COMPLY WITH LOCAL 17 RULES 18 OBJECTIONS DUE WITHIN FOURTEEN DAYS 19 20 Defendant U.S. Postal Service filed a motion to dismiss, which is currently set for hearing 21 on June 13, 2024. ECF Nos. 5 & 11. After plaintiff failed to timely respond to that motion, I 22 continued the hearing on defendant’s motion and ordered plaintiff to show cause why sanctions 23 should not be imposed for her failure to comply with the court’s local rules. ECF No. 9. I also 24 ordered plaintiff file an opposition or statement of non-opposition to defendant’s motion by no 25 later than May 16, 2024. Id. I warned plaintiff that failure to comply with that order could result 26 in a recommendation that this action be dismissed for lack of prosecution, failure to comply with 27 court orders, and failure to comply with local rules. Id. 28 1 The deadline has passed, and plaintiff has neither filed an opposition to defendant’s 2 | motion nor otherwise responded to the April 30, 2024 order. 3 Accordingly, it is hereby ORDERED that the June 13, 2024 hearing on defendant’s 4 | motion to dismiss is vacated. 5 Further, it is RECOMMENDED that: 6 1. This action be dismissed for failure to prosecute, failure to comply with the court’s 7 | local rules, and failure to comply with court orders. 8 2. Defendant’s motion to dismiss, ECF No. 5, be denied as moot. 9 3. The Clerk of Court be directed to close the case. 10 These findings and recommendations are submitted to the United States District Judge 11 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days 12 | after being served with these findings and recommendations, any party may file written 13 | objections with the court and serve a copy on all parties. Such a document should be captioned 14 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 15 | objections shall be served and filed within fourteen days after service of the objections. The 16 | parties are advised that failure to file objections within the specified time may waive the right to 17 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 18 | v. Vist, 951 F.2d 1153 (9th Cir. 1991). 19 20 IT IS SO ORDERED. 21 ( q Sty - Dated: _ May 28, 2024 q——— 22 JEREMY D. PETERSON 54 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28