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)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KEVIN ZIMMERMAN,

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Plaintiff,
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vs.
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SILVERADO RANCH CENTRE, LLC,
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Defendant.
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__________________________________________)

Case No. 2:17-cv-00594-GMN-GWF

REPORT AND
RECOMMENDATION

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Plaintiff’s Complaint (ECF No. 12) was filed on March 23, 2017. Therefore, the time limit

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for service on Defendant was June 21, 2017. On July 12, 2017, the Court filed a Notice of Intent to

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Dismiss Pursuant to Rule 4(m) for Plaintiff’s failure to provide proof of service on Defendant. See

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ECF No. 18. The Court gave Plaintiff until August 11, 2017 to file a proof of service and

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demonstrate that Defendant was served prior to the expiration of the 90-day time limit set forth in

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Fed. R. Civ. P. 4(m). Id. Plaintiff was cautioned that failure to comply with the Court’s notice

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could result in a dismissal of the action. Id. Rather than file a proof of service, Plaintiff filed a

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Motion to Extend Time for Service three weeks after the August 11, 2017 deadline. See ECF No.

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19. The Court denied Plaintiff’s motion, without prejudice, on September 7, 2017 because Plaintiff

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did not adequately demonstrate whether good cause existed to grant the requested extension. Order

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(ECF No. 20). To date, Plaintiff has not filed a renewed motion for extension of time or filed a

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proof of service with the Court. Therefore, it appears that Plaintiff has abandoned this lawsuit.

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Accordingly,

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...

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...

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...

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IT IS HEREBY RECOMMENDED that this case be dismissed without prejudice for
Plaintiff’s failure to prosecute.
DATED this 11th day of October, 2017.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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NOTICE

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Pursuant to Local Rule IB 3-2, any objection to this Finding and Recommendation must be

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in writing and filed with the Clerk of the Court within fourteen (14) days. The Supreme Court has

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held that the courts of appeal may determine that an appeal has been waived due to the failure to file

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objections within the specified time. Thomas v. Arn, 474 U.S. 140, 142 (1985). This circuit has

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also held that (1) failure to file objections within the specified time and (2) failure to properly

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address and brief the objectionable issues waives the right to appeal the District Court’s order and/or

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appeal factual issues from the order of the District Court. Martinez v. Ylst, 951 F.2d 1153, 1157

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(9th Cir. 1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983).

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