(PS) Powell v. United States

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SHANNON R. POWELL, No. 2:24-cv-00030-DAD-CKD (PS) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS 13 v. 14 UNITED STATES OF AMERICA, 15 Defendant. 16

17 18 On January 4, 2024, the United States of America removed plaintiff’s state court civil 19 action to this court.1 (ECF No. 1.) On January 12, 2024, defendant filed a motion to dismiss under 20 Federal Rule of Civil Procedure 12 and set the hearing to take place on February 21, 2024. (ECF 21 No. 3.) Plaintiff did not respond to the motion to dismiss. Accordingly, on February 7, 2024, the 22 court vacated the hearing, cautioned plaintiff that a written response to the motion was required 23 and ordered plaintiff to file an opposition or statement of non-opposition to the motion to dismiss 24 within 14 days. Plaintiff has not filed an opposition, statement of non-opposition, or otherwise 25 responded to the court order. Accordingly, this action should be dismissed for failure to 26 prosecute. 27 1 Plaintiff proceeds without the…