Levi v. Cate, et al

Filing 19

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 9/12/2012 RECOMMENDING that this action be dismissed. Referred to Judge Morrison C. England, Jr.. Objections to F&R due within 14 days. (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRED LEVI,

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Plaintiff,

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v.

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No. 2: 11-cv-3164 MCE CKD PS

M. CATE, et al.,

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Defendants.

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FINDINGS & RECOMMENDATIONS
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This action was referred to the undersigned pursuant to Local Rule 302(c)(21).

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This action was filed November 30, 2011. Plaintiff was granted numerous extensions to pay the

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filing fee and finally, on April 30, 2012, the filing fee was paid. In an order filed May 2, 2012,

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the court noted that service of summons had not been timely made in compliance with Federal

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Rule of Civil Procedure 4(m) and directed plaintiff to complete service of summons within sixty

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days. Plaintiff thereafter requested an extension of time to complete service of summons and by

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order filed June 27, 2012, plaintiff was directed to serve summons no later than August 28, 2012

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and to file a proof of service of said summons. Plaintiff was cautioned that failure to comply

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with the order might result in a recommendation of dismissal. Plaintiff has not complied with the

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order. This case has now been pending for over nine months and there is no evidence that

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plaintiff has taken appropriate steps to prosecute the action or to timely serve defendants with

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summons.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed.

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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, 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 Findings and Recommendations.” Any reply to the objections shall be served and

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filed within ten days after service of the objections. The parties are advised that failure to file

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objections within the specified time may waive the right to appeal the District Court's order.

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Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: September 12, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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levi3164.4m.57

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