Filed: Feb. 11, 2016
Latest Update: Feb. 11, 2016
Summary: ORDER AND FINDINGS AND RECOMMENDATIONS ALLISON CLAIRE , Magistrate Judge . On January 4, 2016, the undersigned issued an order to show cause within thirty days why petitioner's case should not be dismissed for lack of prosecution. 1 ECF No. 7. Petitioner was warned that his failure to prosecute this action or his failure to comply with the Federal Rules of Civil Procedure, the court's orders, or the court's Local Rules would result in a recommendation that his entire action be involuntaril
Summary: ORDER AND FINDINGS AND RECOMMENDATIONS ALLISON CLAIRE , Magistrate Judge . On January 4, 2016, the undersigned issued an order to show cause within thirty days why petitioner's case should not be dismissed for lack of prosecution. 1 ECF No. 7. Petitioner was warned that his failure to prosecute this action or his failure to comply with the Federal Rules of Civil Procedure, the court's orders, or the court's Local Rules would result in a recommendation that his entire action be involuntarily..
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ORDER AND FINDINGS AND RECOMMENDATIONS
ALLISON CLAIRE, Magistrate Judge.
On January 4, 2016, the undersigned issued an order to show cause within thirty days why petitioner's case should not be dismissed for lack of prosecution.1 ECF No. 7. Petitioner was warned that his failure to prosecute this action or his failure to comply with the Federal Rules of Civil Procedure, the court's orders, or the court's Local Rules would result in a recommendation that his entire action be involuntarily dismissed with prejudice. Id.
More than thirty days have passed and petitioner has not responded to the court's January 4, 2016 order. Accordingly, dismissal of this action without prejudice is warranted for failure to prosecute. See Local Rule 183(b).
In accordance with the above, IT IS HEREBY ORDERED that:
1. Petitioner's motion for appointment of counsel (ECF No. 2) is denied as moot;
2. The Clerk of the Court is directed to randomly assign a United States District Judge to this action.
Additionally, for the foregoing reasons, IT IS HEREBY RECOMMENDED that:
This action be dismissed without prejudice for failure to prosecute. See Local Rule 183(b).
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being served with these findings and recommendations, any party may file written objections with the court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any response to the objections shall be filed and served within fourteen days after service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
