Opinion
Civ. 2:20-cv-00937-SU
05-07-2021
CHEYANNE KINLEY, Plaintiff, v. RAY KLEIN, INC., Defendant.
FINDINGS & RECOMMENDATION
Patricia Sullivan United States Magistrate Judge
On January 28, 2021, Judge Mosman adopted this Court's Findings and Recommendation and dismissed the Complaint in this case with leave to amend. ECF No. 10. Plaintiff was given until March 1, 2021 to file an amended complaint. No. amended complaint was filed.
On March 24, 2021, this Court issued an Order to Show Cause directing Plaintiff to show cause in writing why this case should not be dismissed for want of prosecution. ECF No. 11. Plaintiff was given thirty days to respond to the Order to Show Cause and warned that failure to respond within the allotted time would result in a recommendation of dismissal. No. response has been filed and the time for responding has passed.
This case should therefore be dismissed pursuant to Federal Rule of Civil Procedure 41(b) and Local Rule 41-2(a) and final judgment should be entered accordingly.
SCHEDULING ORDER
The Findings and Recommendation will be referred to a district judge. Objections, if any, are due fourteen (14) days from service of the Findings and Recommendation. If no objections are filed, then the Findings and Recommendation will go under advisement on that date. A party's failure to timely file objections to any of these findings will be considered a waiver of that party's right to de novo consideration of the factual issues addressed herein and will constitute a waiver of the party's right to review of the findings of fact in any order or judgment entered by a district judge. These Findings and Recommendation are not immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure should not be filed until entry of judgment.
It is so ORDERED