(PS) Powell v. United States

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHANNON R. POWELL, No. 2:24-cv-00030-DAD-CKD (PS) Plaintiff, FINDINGS AND RECOMMENDATIONS v. UNITED STATES OF AMERICA, Defendant.

17 On January 4, 2024, the United States of America removed plaintiff’s state court civil action to this court.1 (ECF No. 1.) On January 12, 2024, defendant filed a motion to dismiss under Federal Rule of Civil Procedure 12 and set the hearing to take place on February 21, 2024. (ECF No. 3.) Plaintiff did not respond to the motion to dismiss. Accordingly, on February 7, 2024, the court vacated the hearing, cautioned plaintiff that a written response to the motion was required and ordered plaintiff to file an opposition or statement of non-opposition to the motion to dismiss within 14 days. Plaintiff has not filed an opposition, statement of non-opposition, or otherwise responded to the court order. Accordingly, this action should be dismissed for failure to prosecute. 27 1 Plaintiff proceeds without the…