Miller v. CitiMortgage Inc., et al.

Filing 21

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 6/6/2013 RECOMMENDING that defendant Republic be dismissed from this action; Referred to Judge Garland E. Burrell, Jr.; Objections due within 14 days after being served with these F & R's. (Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HERBERT E. MILLER,

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Plaintiff,

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No. 2:12-cv-2697 GEB GGH PS

vs.
CITIMORTGAGE, INC., et al.,
FINDINGS & RECOMMENDATIONS

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Defendants.

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/

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

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On March 15, 2013, plaintiff was ordered to show cause within fourteen days for his failure to

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serve defendant Republic with summons. At that time, plaintiff was advised that failure to

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respond to the order would result in a recommendation that this defendant be dismissed. Plaintiff

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did not respond to the order to show cause. There is no record that defendant Republic Mortgage

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Home Loans, LLC (“Republic”) has been served with the complaint. (Dkt. no. 1.) Pursuant to

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Federal Rule of Civil Procedure 4(m), the court may dismiss an action where service of summons

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is not made within 120 days after the filing of the complaint. This action was filed on September

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27, 2012 in state court, and plaintiff has not yet served defendant Republic with summons.

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Accordingly, IT IS RECOMMENDED that defendant Republic be dismissed from
this action.
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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 Title 28 U.S.C. § 636(b)(l). Within

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fourteen (14) days after being served with these findings and recommendations, any party may

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

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captioned “Objections to Magistrate Judge”s Findings and Recommendations.” Any response to

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the objections shall be served and filed within seven (7) days after service of the objections. The

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parties are advised that failure to file objections within the specified time may waive the right to

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appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: June 6, 2013

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:076/Miller2697.fr.4m.wpd

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