Opinion
2:21-cv-00009-JDP (PS)
11-27-2022
KRISTOPHER VIS, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
FINDINGS AND RECOMMENDATIONS THAT THIS ACTION BE DISMISSED FOR FAILURE TO PROSECUTE AND FAILURE TO COMPLY WITH COURT ORDERS OBJECTIONS DUE WITHIN FOURTEEN DAYS
JEREMY D. PETERSON, UNITED STATES MAGISTRATE JUDGE
On June 30, 2022, defendant filed a motion to dismiss this case for lack of subject matter jurisdiction and failure to state claim. ECF No. 11. Under the court's scheduling order, plaintiff was required to file an opposition or statement of non-opposition to defendant's motion by July 14, 2022. ECF No. 10. Plaintiff failed to respond to defendant's motion by that date. Accordingly, on September 8, 2022, I ordered him to show cause within fourteen days why this action should not be dismissed for failure to comply with court orders. ECF No. 14. I notified him that if he wished to continue with this lawsuit, he must file an opposition or statement of nonopposition to defendant's motion. I also warned plaintiff that failure to comply with the September 8 order would result in a recommendation that this action be dismissed. Id.
The deadline has passed, and plaintiff has not filed an opposition or statement of nonopposition to defendant's motion nor otherwise responded to the September 8, 2022 order.
Accordingly, it is hereby ORDERED that the Clerk of Court shall randomly assign a United States District Judge to this case.
Further, it is RECOMMENDED that:
1. This action be dismissed for failure to prosecute and failure to comply with court orders.
2. Defendant's motion to dismiss, ECF No. 11, be denied as moot.
3. The Clerk of Court be directed to close the case.
I submit these findings and recommendations to the district judge under 28 U.S.C. § 636(b)(1)(B) and Rule 304 of the Local Rules of Practice for the United States District Court, Eastern District of California. The parties may, within 14 days of the service of the findings and recommendations, file written objections to the findings and recommendations with the court. Such objections should be captioned “Objections to Magistrate Judge's Findings and Recommendations.” The district judge will review the findings and recommendations under 28 U.S.C. § 636(b)(1)(C).
IT IS SO ORDERED.