Baker v. City of Modesto et al

Filing 6

FINDINGS and RECOMMENDATIONS Recommending Dismissal of Case for Failure to Prosecute, signed by Magistrate Judge Sandra M. Snyder on 4/20/11. Referred to Judge Ishii. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL EVAN BAKER,

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Plaintiff,

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CASE NO. 1:11-cv-00129-AWI-SMS
FINDINGS AND RECOMMENDATIONS
RECOMMENDING DISMISSAL OF CASE
FOR FAILURE TO PROSECUTE

v.
CITY OF MODESTO, et al.,

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Defendants.

(Doc. 5)
/

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On February 11, 2011, this Court granted Plaintiff’s motion to proceed in forma pauperis

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and authorized service of the complaint upon the defendants. The order provided that if Plaintiff

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failed to complete necessary documentation for service and return it to the Court within thirty

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days, the action would be dismissed for failure to prosecute. Plaintiff has failed to complete and

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return the necessary documentation. Accordingly, the undersigned recommends that this action

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be dismissed without prejudice as a result of Plaintiff’s failure to prosecute the case.

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These Findings and Recommendations will be submitted to the Hon. Anthony W. Ishii,

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the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. §

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636(b)(1). On or before May 4, 2011, Plaintiff may file written objections with the Court. The

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document should be captioned “Objections to Magistrate Judge’s Findings and

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Recommendations.” Plaintiff is advised that, by failing to file objections within the specified

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time, he may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153

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(9th Cir. 1991).

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IT IS SO ORDERED.

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Dated:
icido3

April 20, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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