Cruz

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 CESAR CRUZ, Case No.: 23cv430-AGS(LR)

Plaintiff,

REPORT AND

v. RECOMMENDATION

REGARDING DEFENDANT’S

UNITED STATES PARCEL SERVICE,

MOTION TO DISMISS

et al., PURSUANT TO FEDERAL Defendants. RULE OF CIVIL PROCEDURE 16 41(b)

18 [ECF No. 22] 19 This Report and Recommendation is submitted to United States District Judge Andrew G. Schopler pursuant to 28 U.S.C. § 636(b)(1) and Local Civil Rule 72.1(c) of the United States District Court for the Southern District of California. Presently before the Court is an unopposed motion by Defendant Teamsters Union Local 542 (“Local 542” or “Defendant”) to dismiss this action based on Plaintiff Cesar Cruz’s failure to prosecute and comply with court orders. (ECF No. 22.) For the reasons stated below, the Court RECOMMENDS that: (1) Defendant’s motion be GRANTED in part, and (2) this case be DISMISSED WITHOUT PREJUDICE. / / / I.…