1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MIRNA LOPEZ, No. 2:23-cv-02856 DJC AC PS 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 AKASHDEEP KANDOLA, 15 Defendant. 16 17 Defendant removed this case from state court on December 6, 2023. ECF No. 1. On 18 January 19, 2024, defendant made a motion to dismiss, set to be heard on March 6, 2024. ECF 19 No. 10.1. Local Rule 230(c) requires plaintiff to file an opposition or notice of non-opposition 20 within 14 days of a motion being filed by the opposing party. In this case, the deadline was 21 February 2, 2024. Plaintiff did not file an opposition or statement of non-opposition. Concerned 22 that plaintiff had abandoned this case, the court issued an order to show cause within 14 days why 23 this action should not be dismissed for failure to prosecute. ECF No. 12. Plaintiff was cautioned 24 that failure respond would lead to a recommendation that the action be dismissed. Plaintiff again 25 did not respond. Plaintiff has not responded to the court’s orders, nor taken any action to 26 prosecute this case. 27 Therefore, IT IS HEREBY RECOMMENDED that this action be dismissed, without 28 prejudice, for lack of prosecution and for failure to comply with the court’s order. See Fed. R. 1 |} Civ. P. 41(b); Local Rule 110. 2 These findings and recommendations are submitted to the United States District Judge 3 || assigned to this case, pursuant to the provisions of

(b)(1). Within twenty-one 4 | (21) days after being served with these findings and recommendations, plaintiff may file written 5 || objections with the court. Such document should be captioned “Objections to Magistrate Judge’s 6 || Findings and Recommendations.” Local Rule 304(d). Plaintiff advised that failure to file 7 || objections within the specified time may waive the right to appeal the District Court’s order. 8 | Martinez v. YIst,

(9th Cir. 1991). 9 || DATED: March 7, 2024 ~ 10 ththienr—Chnp—e_ ALLISON CLAIRE 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28