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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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GARY R. XAVIER,

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Plaintiff,

No. 2:09-cv-0783 LKK CKD P

vs.
M. FRENCH, et al.,

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Defendants.

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FINDINGS & RECOMMENDATIONS
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By order filed November 8, 2012, plaintiff was ordered to show cause, within

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thirty days, why his claims against defendants French and Holland should not be dismissed for

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failure to execute service. (Dkt. No. 41.) The thirty day period has now expired, and plaintiff

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has not shown cause or otherwise responded to the court’s order. As no other defendants remain

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in this action (see Dkt. No. 29), the court will recommend that this action be dismissed in its

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entirety.

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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

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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen

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days after being served with these findings and recommendations, plaintiff may file written

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objections with the court. The document should be captioned “Objections to Magistrate Judge's

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Findings and Recommendations.” Plaintiff is advised that failure to file objections within the

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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951

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F.2d 1153 (9th Cir. 1991).

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Dated: December 18, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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xavi0783.Fsc

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