Bobo v. Commissioner of Social Security

Filing 19

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/21/18 ORDERING the Clerk of the Court randomly assign a United States District Judge to this action and RECOMMENDING that this action be dismissed. F&R referred to United States District Judge Troy L. Nunley. Objections to F&R due within fourteen days. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES LEWIS BOBO,

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Plaintiff,

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v.

No. 2:16-cv-2337-EFB

ORDER AND FINDINGS AND
RECOMMENDATIONS

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

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Defendant moved to dismiss plaintiff’s complaint pursuant to Federal Rule of Civil

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Procedure 12(b)(6). Plaintiff was directed to file an opposition or statement of non-opposition to

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defendant’s motion by August 11, 2017, but failed to do so. See ECF No. 16. Accordingly,

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plaintiff was ordered, by no later than February 2, 2018, to show cause why sanctions should not

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be imposed for his failure to file an opposition or statement of non-opposition. ECF No. 18. He

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was also ordered to file an opposition or statement of non-opposition to the pending motion by

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February 2, 2018, and admonished that failure to do so would result in a recommendation that this

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action be dismissed for lack of prosecution and/or failure to comply with court orders. Id.
The deadline has passed and plaintiff has not filed an opposition or statement of non-

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opposition to defendant’s motion, nor otherwise responded to the court’s order to show cause.

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Accordingly, it is hereby ORDERED that the Clerk of the Court randomly assign a United
States District Judge to this action.
Further, it is hereby RECOMMENDED that this action be dismissed for failure to
prosecute and comply with court orders. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 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.” 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: February 21, 2018.

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