Carter et al v. United States Bankruptcy Court et al

Filing 18

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 01/20/17 RECOMMENDING that this action be dismissed; referred to Judge John A. Mendez; Objections to these F&Rs due within 14 days. (Benson, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TORRIE GIDGET CARTER, et al.,

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Plaintiffs,

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No. 2:15-CV-2263-JAM-CMK

vs.

FINDINGS AND RECOMMENDATIONS

UNITED STATES BANKRUPTCY
COURT, et al.,

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Defendants.
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Plaintiffs, who are proceeding pro se, bring this civil action. Plaintiffs initiated

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this action in the Butte County Superior Court against the United States Bankruptcy Court,

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Bankruptcy Judge Christopher Klein, and Bankruptcy Trustee John Regar (“federal defendants”),

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as well as the California State Board of Equalization. Following dismissal of Regar by the state

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court, the remaining federal defendants removed the case to this court pursuant to 28 U.S.C.

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§ 1442(a)(1) on October 30, 2015. The federal defendants were dismissed on October 27, 2016.

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To date, the only remaining defendant – the California State Board of Equalization – has not

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been served.

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Pursuant to Federal Rule of Civil Procedure 4(m), the court must dismiss an

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action as against a defendant who is not served within 120 days of the filing of the complaint.

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That time has long expired in this case. Because the unserved defendant is the only remaining

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defendant, the court will recommend dismissal of the entire action.

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Based on the foregoing, the undersigned recommends 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 14 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. Responses to objections shall be filed within 14 days after service of

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objections. Failure to file objections within the specified time may waive the right to appeal.

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

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DATED: January 20, 2017
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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