Engelbrecht v. Kern County Adult Protective Services et al

Filing 7

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/12/2017 RECOMMENDING that this action be dismissed, with prejudice, for lack of prosecution and for failure to comply with the court's order. Objections due within 21 days after being served with these findings and recommendations. Referred to Judge John A. Mendez. (Donati, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TONYA ENGELBRECHT, 12 Plaintiff, 13 14 15 16 v. No. 2:17-cv-01231 JAM AC (PS) FINDINGS AND RECOMMENDATIONS KERN COUNTY ADULT PROTECTIVE SERVICES, et al., Defendants. 17 18 Plaintiff is proceeding in this action pro se. The action was accordingly referred to the 19 undersigned for pretrial matters by E.D. Cal. R. (“Local Rule”) 302(c)(21). On June 16, 2017, the 20 court dismissed the complaint, and granted plaintiff 30 days to file an amended complaint. ECF 21 No. 3. Plaintiff was cautioned that failure to do so could lead to a recommendation that the action 22 be dismissed. Plaintiff responded with a request for the case to be heard (ECF No. 4) which the 23 court dismissed for failure to comply with the rules of this court and the court’s prior order (ECF 24 No. 5). Plaintiff was granted another 30 days to file an amended complaint. Id. Plaintiff did not 25 respond. On August 22, 2017 the court issued an order to show cause within 14 days why this 26 case should not be dismissed for failure to prosecute. ECF No. 6. Plaintiff has not respond to the 27 court’s order, nor taken any action to prosecute this case. 28 Therefore, IT IS HEREBY RECOMMENDED that this action be dismissed, without 1 1 prejudice, for lack of prosecution and for failure to comply with the court’s order. See Fed. R. 2 Civ. P. 41(b); Local Rule 110. 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one 5 (21) days after being served with these findings and recommendations, plaintiff may file written 6 objections with the court. Such document should be captioned “Objections to Magistrate Judge’s 7 Findings and Recommendations.” Local Rule 304(d). Plaintiff is advised that failure to file 8 objections within the specified time may waive the right to appeal the District Court’s order. 9 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 DATED: September 12, 2017 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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