Johnson Williams v. Commissioner of Social Security

Filing 15

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 07/24/12 RECOMMENDING that this case be dismissed for failure to prosecuteand the Clerk be directed to close the case. Objections to these F&Rs due within 14 days; 1 case referred to Judge John A. Mendez. (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GAI TOI JOHNSON WILLIAMS,
Plaintiff,

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vs.

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No. 2:11-cv-1898 JAM EFB

MICHAEL J. ASTRUE,
Commissioner of Social Security,

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Defendant.

FINDINGS AND RECOMMENDATIONS

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On February 23, 2012, this case was dismissed for failure to prosecute. Dckt. No. 7. On

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the same date judgment was entered and the case was closed. Dckt. No. 8. On March 5, 2012,

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plaintiff filed a motion for relief from the judgment pursuant to Federal Rule of Civil Procedure

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60(b). Dckt. No. 10. The assigned district judge granted the motion and ordered plaintiff to

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comply with the undersigned’s July 26, 2011 order–requiring plaintiff to submit documents for

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service of process to the United States Marshal– within 14 days. Dckt. No. 12. The district

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judge warned plaintiff that failure to comply with the order would result in dismissal of this case.

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Id. The allotted time has passed and plaintiff has failed to comply with the July 26, 2011 order.

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Accordingly, it is RECOMMENDED that this case be dismissed for failure to prosecute
and the Clerk be directed to close the case.

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These findings and recommendations are submitted to the United States District Judge

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

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after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections

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within the specified time may waive the right to appeal the District Court’s order. Turner v.

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Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: July 24, 2012.

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