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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TORRIE GIDGET CARTER, et al., 12 Plaintiffs, 13 14 No. 2:15-CV-2263-JAM-CMK vs. FINDINGS AND RECOMMENDATIONS UNITED STATES BANKRUPTCY COURT, et al., 15 Defendants. 16 / 17 18 Plaintiffs, who are proceeding pro se, bring this civil action. Plaintiffs initiated 19 this action in the Butte County Superior Court against the United States Bankruptcy Court, 20 Bankruptcy Judge Christopher Klein, and Bankruptcy Trustee John Regar (“federal defendants”), 21 as well as the California State Board of Equalization. Following dismissal of Regar by the state 22 court, the remaining federal defendants removed the case to this court pursuant to 28 U.S.C. 23 § 1442(a)(1) on October 30, 2015. The federal defendants were dismissed on October 27, 2016. 24 To date, the only remaining defendant – the California State Board of Equalization – has not 25 been served. 26 /// 1 1 Pursuant to Federal Rule of Civil Procedure 4(m), the court must dismiss an 2 action as against a defendant who is not served within 120 days of the filing of the complaint. 3 That time has long expired in this case. Because the unserved defendant is the only remaining 4 defendant, the court will recommend dismissal of the entire action. 5 6 Based on the foregoing, the undersigned recommends that this action be dismissed. 7 These findings and recommendations are submitted to the United States District 8 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days 9 after being served with these findings and recommendations, any party may file written 10 objections with the court. Responses to objections shall be filed within 14 days after service of 11 objections. Failure to file objections within the specified time may waive the right to appeal. 12 See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 13 14 15 16 DATED: January 20, 2017 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 2

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