Hamilton v. State Farm Claim #55-22D5-150

Filing 17

FINDINGS and RECOMMENDATIONS, recommending action be dismissed without prejudice, signed by Magistrate Judge Edmund F. Brennan on 1/6/2016. These Findings and Recommendations are SUBMITTED to District Judge Kimberly J. Mueller. Within 14 days after being served with these F/Rs, any party may file written Objections with Court and serve a copy on all parties. (Marciel, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KARI HAMILTON,

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No. 2:15-cv-2232-KJM-EFB PS

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

STATE FARM CLAIM #55-22D5-150,

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Defendant.

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This action, in which plaintiff is proceeding in propria persona, was referred to the

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undersigned under Local Rule 302(c)(21), pursuant to 28 U.S.C. § 636(b)(1). On October 28,

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2015, defendant filed a motion to dismiss. See Fed. R. Civ. P. 12(b)(6). The time for acting

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passed, and plaintiff failed to file an opposition or otherwise respond to the motion.

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On December 3, 2015, the court warned plaintiff that failure to respond to the motion could result

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in a recommendation that this action be dismissed. See Fed. R. Civ. P. 41(b). The court also

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granted plaintiff a 21-day extension of time to respond.

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The time for acting has once again passed and plaintiff has not filed an opposition, a

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statement of no opposition, or otherwise responded to the court’s order. Plaintiff has disobeyed

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this court’s orders and failed to prosecute this action. The appropriate action is dismissal without

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prejudice.
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Accordingly, it is hereby RECOMMENDED that this action be dismissed without
prejudice. See Fed. R. Civ. P. 41(b); E.D. Cal. Local Rule 110, 183(b).

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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: January 7, 2016.

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