Guevara v. Ralls et al

Filing 151

ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/2/2014 ORDERING that defendants are relieved from filing a pretrial statement; the 3/21/2014 pretrial conference is VACATED; and RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Troy L. Nunley; Objections due within 14 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AMILCAR GUEVARA,

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No. 2:09-cv-1132 TLN KJN P

Plaintiff,
v.

ORDER and FINDINGS &
RECOMMENDATIONS

A. RALLS,

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Defendant.

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By order filed October 11, 2013, this court directed plaintiff to file a pretrial statement on

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or before December 13, 2013. Plaintiff has not responded to the court’s order. The court will

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therefore recommend that this action be dismissed without prejudice. See Fed. R. Civ. P. 16(f);

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Local Rule 110.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Defendants are relieved from filing a pretrial statement.

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2. The pretrial conference set for March 21, 2014, is vacated; and

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IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See

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Fed. R. Civ. P. 16(f); Local Rule 110.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, any party may file written
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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the

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objections shall be filed and served within fourteen days after service of the objections. The

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parties are advised that failure to file objections within the specified time may waive the right to

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appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: January 2, 2014

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/guev1132.fpt

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