(PS) Smith v. City of Stockton ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TERESA Y. SMITH, Case No. 2:22-cv-00408-DAD-JDP (PS) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS 13 v. THAT THE CASE BE DISMISSED FOR FAILURE TO PROSECUTE, FAILURE TO 14 CITY OF STOCKTON, et al., STATE A CLAIM, AND FAILURE TO COMPLY WITH COURT ORDERS 15 Defendants. OBJECTIONS DUE WITHIN FOURTEEN 16 DAYS 17 18 19 On January 16, 2024, I screened plaintiff’s first amended complaint, notified her that it 20 failed to state a claim, and granted her thirty days to file an amended complaint. ECF No. 9. 21 Plaintiff failed to timely file an amended complaint. Accordingly, on April 30, 2024, I ordered 22 her to show cause within fourteen days why this action should not be dismissed for failure to 23 prosecute and failure to state a claim. ECF No. 10. I notified her that if she wished to continue 24 with this lawsuit, she must file an amended complaint. I also warned plaintiff that failure to 25 comply with the April 30, 2024 order would result in a recommendation that this action be 26 dismissed. Id. 27 28 1 The deadline has passed, and plaintiff has neither filed an amended complaint nor 2 | otherwise responded to the April 30, 2024 order. Accordingly, it is hereby RECOMMENDED 3 | that: 4 1. This action be dismissed without prejudice for failure to prosecute, failure to comply 5 | with court orders, and failure to state a claim. 6 2. The Clerk of Court be directed to close the case. 7 These findings and recommendations are submitted to the United States District Judge 8 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days 9 | after being served with these findings and recommendations, any party may file written 10 | objections with the court and serve a copy on all parties. Such a document should be captioned 11 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 12 | objections shall be served and filed within fourteen days after service of the objections. The 13 | parties are advised that failure to file objections within the specified time may waive the right to 14 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 16 7 IT IS SO ORDERED. 18 ( q oy — Dated: _ May 29, 2024 q_—— 19 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28