Armstrong v. Bonner et al
Filing
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ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/21/2013 STAYING discovery as to Defendants Bonner and Placer County Sheriff's Department; RECOMMENDING that this action be dismissed; REFERRING this matter to Judge Kimberly J. Mueller; ORDERING that Objections be filed within fourteen (14) days. (Michel, G)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LISABETH ARMSTRONG,
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No. 2:13-cv-1201 KJM CKD PS
Plaintiff,
v.
ORDER AND
ED BONNER, et al.,
FINDINGS AND RECOMMENDATIONS
Defendants.
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This action was referred to the undersigned pursuant to Local Rule 302(c)(21). As
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provided by Federal Rule of Civil Procedure 4(m), the court may dismiss an action where service
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of summons is not made within 120 days after the filing of the complaint. In the order setting
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status conference, filed June 17, 2013, plaintiff was cautioned that this action may be dismissed if
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service was not timely completed. Plaintiff was again reminded in the order filed October 11,
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2013 that all defendants must be timely served with summons. Defendants Bonner and the Placer
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County Sheriff’s Department have appeared in this action and have filed a motion to dismiss.
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Although plaintiff filed a “certificate of service” on October 30, 2013, that certificate does not
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demonstrate proper service of summons on the remaining defendants. This action was filed June
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17, 2013 and plaintiff has not yet properly served the remaining defendants with summons.
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A status conference was held before the undersigned on November 20, 2013. Plaintiff
failed to appear. It appears plaintiff has abandoned this litigation.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Discovery is stayed as to defendants Bonner and Placer County Sheriff’s Department;
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and
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IT IS HEREBY RECOMMENDED that this action be dismissed.
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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 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: November 21, 2013
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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