Lyons v. Clinton, et al

Filing 10

[VACATED per order of 1/5/10]FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/10/09 RECOMMENDING that action be dismissed without prejudice for failure to prosecute and for improper venue. Objections due within 20 days. (Owen, K) Modified on 1/5/2010 (Kaminski, H).

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. COLUMBIA COUNTY SHERIFF'S ASSOCIATION, et al., Defendants. / WILLIAM E. LYONS, Plaintiff, No. CIV S-09-0201 LKK EFB PS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

FINDINGS AND RECOMMENDATIONS

This case is before the undersigned pursuant to Eastern District of California Local Rule ("Local Rule") 72-302(c)(21). See 28 U.S.C. § 636(b)(1). On October 22, 2009, plaintiff was ordered to show cause, on or before November 4, 2009, why this action should not be dismissed without prejudice or transferred to the Northern District of New York, pursuant to 28 U.S.C. § 1406(a). Dckt. No. 9 at 3-4 (citing Bennett v. Aurora Behavioral Health Care, 2009 WL 178489 (C.D. Cal. Jan. 26, 2009) and Smith v. U.S. Dep't of Ed., 2007 WL 4357546 (N.D. Cal. Dec. 11, 2007)). Plaintiff was informed that "[a] failure to timely respond to [the] order to show cause [would] result in a recommendation that this action be dismissed without prejudice." Id. at 4. //// 1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

The deadline to respond has passed, and plaintiff has failed to show cause or otherwise respond to the court's order. Accordingly, it is hereby RECOMMENDED that this action be dismissed without prejudice for failure to prosecute and for improper venue. See Fed. R. Civ. P. 4(m), 41(b); Local Rule 11-110; 28 U.S.C. § 1406(a). These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Failure to file objections within the specified time may waive the right to appeal the District Court's order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). DATED: November 10, 2009.

2