Clays

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARK MCBOUNDS, No. 2:19-cv-2208 KJM KJN P Plaintiff, v. FINDINGS & RECOMMENDATIONS D. CLAYS, et al., Defendants. 16 On July 13, 2023, defendants filed a motion to dismiss pursuant to Federal Rules of Civil Procedure 16(f), 37(b), and 41(b). Despite being granted an extension of time, plaintiff failed to file an opposition or statement of non-opposition to the pending motion. As discussed below, it is recommended that this action be dismissed. Background On October 26, 2022, the parties were informed that failure to comply with the court’s order, the Federal Rules of Civil Procedure, or the Local Rules of Court may result in the imposition of sanctions including, but not limited to, dismissal of the action or entry of default. (ECF No. 49 at 8), citing see Fed. R. Civ. P. 41(b). On December 16, 2022, defendants served requests for admissions, interrogatories and requests for production of documents on…