Cuellar

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 JIMMY CUELLAR, Case No. 1:23-cv-1075-JLT-CDB

Plaintiff, ORDER DISMISSING THIS CASE FOR

FAILURE TO PROSECUTE AND

v. FAILURE TO COMPLY WITH THE

COURT’S ORDERS

THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, (Doc. 16) 12 Defendant. 13 I. BACKGROUND Jimmy Cuellar commenced this action by filing a complaint in state court, which was removed to this Court soon thereafter. (Doc. 1.) Defendant then filed a Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (Doc. 5.) The assigned magistrate judge considered the motion and found that Plaintiff failed to state a claim because there were “no allegations in the Complaint addressing Defendant or its involvement in the event giving rise to Plaintiff’s claims.” (Doc. 14 at 3.) The magistrate judge further determined that “Plaintiff’s complaint alleges neither the existence of an ERISA plan nor one or more provisions that entitle him, as the…