Bocanegra v. Gilead Sciences Inc.

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING CASE WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE (Illston, Susan) (Filed on 10/2/2023)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STEVEN BOCANEGRA,
Plaintiff,

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United States District Court
Northern District of California

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v.
GILEAD SCIENCES INC.,
Defendant.

Case No. 23-cv-01515-SI
ORDER ADOPTING REPORT AND
RECOMMENDATION AND
DISMISSING CASE WITHOUT
PREJUDICE FOR FAILURE TO
PROSECUTE
Re: Dkt. No. 13

On September 7, 2023, Magistrate Judge Westmore issued a Report and Recommendation
recommending that this case be dismissed without prejudice for failure to prosecute because plaintiff
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has failed to serve defendant with the summons and complaint. Dkt. No. 13. Pursuant to Federal
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Rule of Civil Procedure 72, objections to the Report and Recommendation were due no later than
September 21, 2023. The Court has not received any objection from Mr. Bocanegra, who is
represented by counsel.
The Court has reviewed the Report and Recommendation and agrees with the
recommendation that the case be dismissed for failure to prosecute. The case was filed on March
30, 2023, and the docket reflects that as of the filing date of this order, defendant has not been

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served. Accordingly, the Court ADOPTS the Report and Recommendation and DISMISSES this
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case without prejudice pursuant to Federal Rule of Civil Procedure 41(b).
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IT IS SO ORDERED.
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Dated: October 2, 2023

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SUSAN ILLSTON
United States District Judge