(PS) Pennie v. Sonora Police Dept.

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LAURA LEE PENNIE, No. 2:21-cv-01011 JAM AC PS 12 Plaintiffs, 13 v. FINDINGS AND RECOMMENDATIONS 14 SONORA POLICE DEPARTMENT, 15 Defendants. 16 17 Plaintiff is proceeding in this action pro se. The action was accordingly referred to the 18 undersigned for pretrial matters by E.D. Cal. R. (“Local Rule”) 302(c)(21). On September 20, 19 2021, defendants filed a motion to dismiss this case. ECF No. 11. Plaintiff did not respond. 20 Concerned that plaintiff had abandoned this case, the court issued an order stating plaintiff must 21 oppose the motion or file a statement of non-opposition by October 20, 2021, or the case would 22 be dismissed for failure to prosecute. ECF No. 13. Plaintiff was cautioned that failure respond 23 would lead to a recommendation that the action be dismissed. Id. Plaintiff again did not respond. 24 Plaintiff has not responded to the court’s orders, nor taken any action to prosecute this case. 25 Therefore, IT IS HEREBY RECOMMENDED that this action be dismissed, without 26 prejudice, for lack of prosecution and for failure to comply with the court’s order. See Fed. R. 27 Civ. P. 41(b); Local Rule 110. 28 //// ] These findings and recommendations are submitted to the United States District Judge 2 || assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within twenty-one 3 || (21) days after being served with these findings and recommendations, plaintiff may file written 4 || objections with the court. Such document should be captioned “Objections to Magistrate Judge’s 5 || Findings and Recommendations.” Local Rule 304(d). Plaintiff advised that failure to file 6 || objections within the specified time may waive the right to appeal the District Court’s order. 7 || Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 8 | DATED: October 22, 2021 ~ 9 Htttenr— Lhor—e_ ALLISON CLAIRE 10 UNITED STATES MAGISTRATE JUDGE 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28