Piper v. Harveys Casino et al

Filing 17

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/28/2017 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr.. Objections to F&R due within14 days. (Zignago, K.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DOUGLAS PIPER, 12 13 14 15 No. 2:16-cv-2374 GEB CKD PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS HARVEYS CASINO, et al., Defendants. 16 17 By order filed April 6, 2017, plaintiff was directed to provide to the United States 18 Marshal, within fourteen days from the date the order was filed, all information needed by the 19 Marshal to effect service of process, including all information required for proper service of 20 summons under Federal Rules of Civil Procedure 4(e) and 4(j) and to file a statement with the 21 court that said documents have been submitted to the United States Marshal, along with a copy of 22 the information provided to the Marshal, including copies of the USM-285 forms. 23 24 25 26 The time period for complying with the court’s order has passed and there is no indication on the docket that plaintiff has taken any steps to serve summons in this action. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 27 These findings and recommendations are submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 1 1 after being served with these findings and recommendations, any party may file written 2 objections with the court and serve a copy on all parties. Such a document should be captioned 3 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 4 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 5 Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 Dated: April 28, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 7 8 9 4 piper2374.ftc 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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