Aspenlind v. Spartan Mortgage Services et al

Filing 32

FINDINGS and RECOMMENDATIONS, recommending that defendants Kindopp; North American Title; and California Moving Company be dismissed without prejudice, signed by Magistrate Judge Gregory G. Hollows on 12/13/2011. These F/Rs are REFERRED to Judge Morrison C. England, Jr.. Within 14 days after being served with these F/Rs, plaintiff may file written Objections with Court. (Marciel, 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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LARS ASPENLIND,

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Plaintiff,

CIV. NO. S-11-0366 MCE GGH PS

vs.
SPARTAN MORTGAGE SERVICES, et al.,
Defendants.

FINDINGS & RECOMMENDATIONS
/

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By order filed November 18, 2011, plaintiff was ordered to show cause, within

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fourteen days, why defendants Kindopp, North American Title, and California Moving Company

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should not be dismissed for failure to serve these defendants in compliance with Federal Rule of

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Civil Procedure 4(m). Pursuant to Rule 4(m), the court may dismiss an action where service of

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summons is not made within 120 days after the filing of the complaint. In the order requiring

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timely service filed February 9, 2011, plaintiff was cautioned that this action may be dismissed if

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service was not timely completed. This action was filed February 9, 2011, and plaintiff has not

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yet served defendants Kindopp, North American Title, and California Moving Company with

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summons. Furthermore, this court’s order of August 9, 2011, reminded plaintiff that these

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defendants still had not been served. The fourteen day period to show cause has now expired,

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and plaintiff has not shown cause or otherwise responded to the court’s order.
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IT IS HEREBY RECOMMENDED that defendants Kindopp, North American

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Title, and California Moving Company be dismissed without prejudice. See Local Rule 11-110;

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Fed. R. Civ. P. 41(b).

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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 13, 2011
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:076
Aspenlind0366.fr2.wpd

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