Opinion
No. CIV S-03-2527 LKK PAN P.
August 17, 2006
FINDINGS RECOMMENDATIONS
By order filed February 10, 2005, this court directed plaintiff to file a pretrial statement on or before November 4, 2005, and warned plaintiff that failure to file a pretrial statement may result in the imposition of sanctions, including dismissal with prejudice for failure to prosecute or judgment by default. Plaintiff has not responded to the court's order. The court will therefore recommend that this action be dismissed without prejudice. See Fed.R.Civ.P. 16(f); Local Rule 11-110.
On July 25, 2005, plaintiff filed a document entitled "Opening Statement." However, that document contains plaintiff's theory of the case but does not address the requirements of Local Rule 16-281 nor comply with the court's February 10, 2005 scheduling order. Defendant Shasta County Sheriff's Department filed its pretrial statement on November 18, 2005.
IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Fed.R.Civ.P. 16(f); Local Rule 11-110.
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 twenty days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." 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).