Cleveland v. Commissioner of Social Security

Filing 10

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/30/12 ORDERING that the Clerk randomly assign a US District Judge to this case and RECOMMENDING that this case be dismissed for failure to prosecute. Referred to Judge Morrison C. England, Jr. Objections due within 14 days. (Manzer, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEVIN A. CLEVELAND,
No. CIV S-11-0435 EFB
Plaintiff,

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vs.
MICHAEL J. ASTRUE,
Commissioner of Social Security,

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ORDER AND
FINDINGS AND RECOMMENDATIONS

Defendant.
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On March 14, 2012, the court ordered plaintiff to comply with its May 5, 2011 order

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within 14 days. Dckt. No. 9. The court warned plaintiff that failure to comply with the order

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might result in the dismissal of the case. The allotted time has passed and plaintiff has failed to

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comply with the March 14 order or otherwise respond.

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Accordingly, IT IS HEREBY ORDERED that the Clerk shall randomly assign a United
States District Judge to this case.
It is hereby RECOMMENDED that this case be dismissed for failure to prosecute and the
Clerk be directed to close the case.

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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.” Failure to file objections

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within the specified time may waive the right to appeal the District Court’s order. Turner v.

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Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: April 30, 2012.

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