Zimmerman v. Silverado Ranch Centre, LLC

Filing 21

REPORT AND RECOMMENDATION that this case be dismissed without prejudice for Plaintiff's failure to prosecute. Objections to R&R due by 10/25/2017. Signed by Magistrate Judge George Foley, Jr on 10/11/2017. (Copies have been distributed pursuant to the NEF - SLD)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 KEVIN ZIMMERMAN, ) ) Plaintiff, ) ) vs. ) ) SILVERADO RANCH CENTRE, LLC, ) ) Defendant. ) __________________________________________) Case No. 2:17-cv-00594-GMN-GWF REPORT AND RECOMMENDATION 12 13 Plaintiff’s Complaint (ECF No. 12) was filed on March 23, 2017. Therefore, the time limit 14 for service on Defendant was June 21, 2017. On July 12, 2017, the Court filed a Notice of Intent to 15 Dismiss Pursuant to Rule 4(m) for Plaintiff’s failure to provide proof of service on Defendant. See 16 ECF No. 18. The Court gave Plaintiff until August 11, 2017 to file a proof of service and 17 demonstrate that Defendant was served prior to the expiration of the 90-day time limit set forth in 18 Fed. R. Civ. P. 4(m). Id. Plaintiff was cautioned that failure to comply with the Court’s notice 19 could result in a dismissal of the action. Id. Rather than file a proof of service, Plaintiff filed a 20 Motion to Extend Time for Service three weeks after the August 11, 2017 deadline. See ECF No. 21 19. The Court denied Plaintiff’s motion, without prejudice, on September 7, 2017 because Plaintiff 22 did not adequately demonstrate whether good cause existed to grant the requested extension. Order 23 (ECF No. 20). To date, Plaintiff has not filed a renewed motion for extension of time or filed a 24 proof of service with the Court. Therefore, it appears that Plaintiff has abandoned this lawsuit. 25 Accordingly, 26 ... 27 ... 28 ... 1 2 3 IT IS HEREBY RECOMMENDED that this case be dismissed without prejudice for Plaintiff’s failure to prosecute. DATED this 11th day of October, 2017. 4 5 6 ______________________________________ GEORGE FOLEY, JR. United States Magistrate Judge 7 NOTICE 8 Pursuant to Local Rule IB 3-2, any objection to this Finding and Recommendation must be 9 in writing and filed with the Clerk of the Court within fourteen (14) days. The Supreme Court has 10 held that the courts of appeal may determine that an appeal has been waived due to the failure to file 11 objections within the specified time. Thomas v. Arn, 474 U.S. 140, 142 (1985). This circuit has 12 also held that (1) failure to file objections within the specified time and (2) failure to properly 13 address and brief the objectionable issues waives the right to appeal the District Court’s order and/or 14 appeal factual issues from the order of the District Court. Martinez v. Ylst, 951 F.2d 1153, 1157 15 (9th Cir. 1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?