Justin v. Harris-Dupart

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MALIK M. JUSTIN, Case No. 25-cv-03714-LJC

8 Plaintiff, REPORT AND RECOMMENDATION 9 v. TO DISMISS FOR FAILURE TO PROSECUTE 10 SHAWNTAE HARRIS-DUPART, Re: Dkt. No. 4 Defendant. 11

12 On April 30, 2025, the undersigned magistrate judge issued an Order to Show Cause why 13 pro se Plaintiff Malik Justin’s Application to Proceed in Forma Pauperis should not be denied, and 14 why his Complaint should not be dismissed under 28 U.S.C. § 1915(e)(2)(B) if he was able to 15 establish eligibility to proceed in forma pauperis. ECF No. 4. That Order set a deadline of May 16 21, 2025 for Justin to respond, and advised Justin that the undersigned might recommend 17 dismissal for failure to prosecute if Justin did not file any response by that deadline. 18 That deadline has now passed, and Justin has not filed a response. Accordingly, the 19 undersigned recommends that the case be DISMISSED without prejudice for failure to prosecute 20 and failure to comply with a court order, and for failure to state a claim on which relief may be 21 granted as discussed in the Order to Show Cause. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260 22 (9th Cir. 1992) (“Pursuant to Federal Rule of Civil Procedure 41(b), the district court may dismiss 23 an action for failure to comply with any order of the court.”); Omar v. Sea-Land Serv., Inc., 813 24 F.2d 986, 991 (9th Cir. 1987) (“A trial court may dismiss a claim sua sponte under Fed.R.Civ.P. 25 12(b)(6).”). The Court need not reach the defects in Justin’s Application to Proceed in Forma 26 Pauperis. 27 Because not all parties have appeared and consented to the jurisdiction of a magistrate 1 all further proceedings, including action on this recommendation for dismissal. Justin may file an 2 || objection to this recommendation no later than fourteen days after he is served with a copy of this 3 || Report. See 28 U.S.C. § 636(b)(1). 4 5 Dated: June 2, 2025 6 Yn, | dary — ‘A J. CISNEROS 7 ited States Magistrate Judge 8 9 10 11 12

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