Xavier v. Roche et al

Filing 42

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/18/12 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Lawrence K. Karlton; Objections to F&R due within 14 days. (Dillon, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GARY R. XAVIER, 11 12 13 Plaintiff, No. 2:09-cv-0783 LKK CKD P vs. M. FRENCH, et al., 14 Defendants. 15 FINDINGS & RECOMMENDATIONS / 16 By order filed November 8, 2012, plaintiff was ordered to show cause, within 17 thirty days, why his claims against defendants French and Holland should not be dismissed for 18 failure to execute service. (Dkt. No. 41.) The thirty day period has now expired, and plaintiff 19 has not shown cause or otherwise responded to the court’s order. As no other defendants remain 20 in this action (see Dkt. No. 29), the court will recommend that this action be dismissed in its 21 entirety. 22 23 24 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the United States District 25 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 26 days after being served with these findings and recommendations, plaintiff may file written 1 objections with the court. The document should be captioned “Objections to Magistrate Judge's 2 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 3 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 4 F.2d 1153 (9th Cir. 1991). 5 Dated: December 18, 2012 6 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 7 8 9 10 2 xavi0783.Fsc 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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