Acacio v. Select Portfolio Servicing et al

Filing 5

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/16/2015 RECOMMENDING that this action be dismissed with prejudice; Referred to Judge Morrison C. England, Jr.; Objections due within 21 days after being served with these F & R's. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANITA ACACIO,

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No. 2:14-cv-1793 MCE AC PS
Plaintiff,

v.

FINDINGS AND RECOMMENDATION

SELECT PORTFOLIO SERVICING, et
al.,
Defendants.

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Plaintiff filed this case on July 30, 2014. ECF No. 1. She has failed to file the required
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certificate of service within the time allotted, and the docket report reflects no other action
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occurring in the case. On December 30, 2014, the court ordered plaintiff to show cause within 7
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days why this case should not be dismissed for lack of prosecution. ECF No. 4. Plaintiff has not
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responded to that order.
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Accordingly, IT IS HEREBY RECOMMENDED that this action be DISMISSED,
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without prejudice, for failure to prosecute, pursuant to Local Rule 110 and Fed. R. Civ. P. 41(b).
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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 twenty-one (21)
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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 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.” Plaintiff is advised that

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failure to file objections within the specified time may waive the right to appeal the District

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

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DATED: January 16, 2015

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