Israel v. White et al
Filing
9
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 9/13/11 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Lawrence K. Karlton; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
ABINADAB ISRAEL,
11
Plaintiff,
12
13
14
No. CIV S-10-3194 LKK GGH PS
vs.
JUDGE STEVE W. WHITE,
et al.,
Defendants.
15
FINDINGS & RECOMMENDATIONS
/
16
Despite initiating this case on November 29, 2010, plaintiff has not served
17
defendants with any of the three complaints on file. After an order to show cause issued on June
18
2, 2011, requiring plaintiff to show cause for failure to serve the complaint within 120 days
19
pursuant to Federal Rule of Civil Procedure 4(m), plaintiff responded only by filing a second
20
amended complaint.
21
In the order to show cause, issued June 2, 2011, plaintiff was informed that the
22
court may dismiss an action where service of summons is not made within 120 days after the
23
filing of the complaint. In the order requiring timely service filed November 29, 2010, plaintiff
24
was cautioned that this action may be dismissed if service was not timely completed. Plaintiff
25
then filed a satisfactory response to the order to show cause.
26
////
1
By order filed June 23, 2011, plaintiff was ordered to serve the second amended
2
complaint within thirty days. Plaintiff was warned that failure to comply with the order would
3
result in a recommendation that this case be dismissed. The thirty day period has now expired,
4
and plaintiff has not served the complaint or otherwise responded to the court’s order.
5
6
7
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
8
Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen
9
days after being served with these findings and recommendations, plaintiff may file written
10
objections with the court. The document should be captioned “Objections to Magistrate Judge's
11
Findings and Recommendations.” Plaintiff is advised that failure to file objections within the
12
specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951
13
F.2d 1153 (9th Cir. 1991).
14
DATED: September 13, 2011
15
16
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
GGH:076
Israel3194.fsrv.wpd
17
18
19
20
21
22
23
24
25
26
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?