(PS) Marsh v. Olive Garden, No. 2:2010cv00330 - Document 10 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 6/22/10 recommending that this action be dismissed with prejudice for failure to prosecute this action and failure to comply with court orders. Objections to F&R due within twenty-one days. (Kaminski, H)

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(PS) Marsh v. Olive Garden Doc. 10 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KELLY M. MARSH, 11 Plaintiff, 12 vs. 13 No. CIV S-10-0330 LKK DAD PS OLIVE GARDEN, 14 15 16 FINDINGS AND RECOMMENDATIONS Defendant. / By order to show cause filed and served on June 3, 2010, plaintiff was granted 17 seven days to show good cause in writing why this case should not be dismissed for lack of 18 prosecution. Plaintiff was cautioned that failure to respond to the order in a timely manner will 19 result in a recommendation that this action be dismissed with prejudice for lack of prosecution 20 and for failure to comply with court orders. More than two weeks have passed, and plaintiff has 21 not filed a statement advising the court that she has submitted all necessary documents to the 22 United States Marshal for service of process, has not filed a notice of voluntary dismissal of this 23 action without prejudice, and has not responded to the court’s order in any other manner. 24 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed 25 with prejudice for failure to prosecute this action and failure to comply with court orders. See 26 Fed. R. Civ. P. 41(b); Local Rule 110. 1 Dockets.Justia.com 1 These findings and recommendations will be submitted to the United States 2 District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 3 twenty-one days after being served with these findings and recommendations, plaintiff may file 4 written objections with the court. A document containing objections should be titled “Objections 5 to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 6 objections within the specified time may waive the right to appeal the District Court’s order. See 7 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 8 DATED: June 22, 2010. 9 10 11 12 DAD:kw Ddad1\orders.pro se\marsh0330.fsc 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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