(PC) Gibbs v. Webb

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA ROBERT A. GIBBS, No. 2:18-cv-02817 DAD DB P 12 Plaintiff, 13 v. ORDER AND FINDINGS & RECOMMENDATIONS J. WEBB, et al., 15 Defendants.

17 By order filed January 3, 2023, this court directed plaintiff to file a pretrial statement on or before May 25, 2023. Plaintiff was warned that failure to file a pretrial statement could result in the imposition of sanctions, including dismissal of this action. Plaintiff has not filed a pretrial statement and has not otherwise responded to the court’s order. It is therefore recommended that this action be dismissed without prejudice. See Fed. R. Civ. P. 16(f); Local Rule 110.

22 In accordance with the above, IT IS HEREBY ORDERED that any defendant who has not filed a pretrial statement is relieved from filing a pretrial statement.

24 In addition, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. P. 16(f); Local Rule 110.

26 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 and serve a copy on all parties. Such a 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. YIst, 951 F.2d 1153 (9th Cir. 1991).

6 | Dated: June 8, 2023 gibb2817.fpt Mand?» BARNES ? UNITED STATES MAGISTRATE JUDGE