Andrea K. Johnstone United States Magistrate Judge
REPORT AND RECOMMENDATION
On May 26, 2016, this court stayed this action, with respect to the only claim that survived preliminary review (Claim 1(c)), and directed pro se plaintiff, Kevin J. Rogers, to file status reports here, concerning pending state proceedings relating to that claim, every 90 days. See May 26, 2016, Order (doc. no. 4). When Rogers failed to file his first status report in August 2016, this court directed Rogers either to file that report or show cause why this action should not be dismissed. See Aug. 26, 2016, Order. Rogers has not responded to either Order. Cf. Rosario-Diaz v. Gonzalez, 140 F.3d 312, 315 (1st Cir. 1998) ("litigants have an unflagging duty to comply with clearly communicated case-management orders, and this duty extends even to litigants who proceed pro se").
Rogers appears to have abandoned this case. Accordingly, the district judge should dismiss the claim remaining in this action, without prejudice, and close this case, because of Rogers's failure to prosecute and failure to comply with two court orders. See Fed. R. Civ. P. 41(b).
Any objections to this Report and Recommendation must be filed within fourteen days of receipt of this notice. See Fed. R. Civ. P. 72(b)(2). Failure to file objections within the specified time waives the right to appeal the district court's order. See Garayalde-Rijos v. Mun. of Carolina, 747 F.3d 15, 21-22 (1st Cir. 2014).
/s/_________
Andrea K. Johnstone
United States Magistrate Judge October 5, 2016 cc: Kevin J. Rogers, pro se