Opinion
No. CIV S-04-0478 GEB GGH P.
April 27, 2007
ORDER AND FINDINGS RECOMMENDATIONS
By order filed February 8, 2007, this court directed plaintiff to file a pretrial statement on or before April 6, 2007. 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.
In accordance with the above, IT IS HEREBY ORDERED that:
1. Defendants are relieved from filing a pretrial statement.
2. The pretrial conference set for April 27, 2007, is vacated; the jury trial set for July 24, 2007, before the Honorable Garland E. Burrell is vacated; and
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)(1). 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." Any reply to the objections shall be served and filed within ten 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).