Reade v. Commissioner of Social Security
Filing
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FINDINGS and RECOMMENDATIONS, recommending that action be dismissed for lack of prosecution, signed by Magistrate Judge Carolyn K. Delaney on 12/2/2014. These Findings and Recommendations are SUBMITTED to District Judge Garland E. Burrell, Jr.. Within 14 days after being served with these F/Rs, any party may file written Objections with Court and serve a copy on all parties. (Marciel, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SHERRI READE,
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No. 2:14-cv-1862 GEB CKD PS
Plaintiff,
v.
FINDINGS AND RECOMMENDATIONS
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.
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By order filed August 18, 2014, plaintiff was directed to submit to the United States
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Marshal a completed summons and copies of the complaint within fourteen days, and to file a
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statement with the court that said documents had been submitted to the United States Marshal.
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Plaintiff failed to timely submit the statement of compliance. Plaintiff was therefore directed to
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show cause why this action should not be dismissed for lack of prosecution. Plaintiff did not
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respond to the order to show cause and the court therefore recommended that the action be
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dismissed. Plaintiff then filed objections. The court thereafter vacated the findings and
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recommendations and ordered plaintiff to submit the requisite documents to the United States
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Marshal for service of process no later than November 21, 2014 and to file a statement of
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compliance. Plaintiff has again failed to comply with the court’s order and there is no evidence
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that plaintiff has completed the steps necessary to effectuate service.
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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed for lack of
prosecution.
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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. Martinez v.
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Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Dated: December 2, 2014
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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