(PS) Blackshire v. Sacramento County Sheriff, No. 2:2015cv01123 - Document 23 (E.D. Cal. 2016)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 8/29/16 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)
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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 PATRICK BLACKSHIRE, 12 Plaintiff, 13 14 15 v. No. 2:15-cv-1123 MCE CKD PS FINDINGS AND RECOMMENDATIONS SACRAMENTO COUNTY SHERIFF, Defendant. 16 17 This action was referred to the undersigned pursuant to Local Rule 302(c)(21). As 18 provided by Federal Rule of Civil Procedure 4(m), the court may dismiss an action where service 19 of summons is not made within 90 days after the filing of the complaint. This action was filed 20 May 26, 2015. Defendant has yet to be properly served with summons. 21 By order filed September 21, 2015, the District Court referred this matter to the court’s 22 Pro Bono Program director to locate an attorney to represent plaintiff. When those efforts were 23 unavailing, the District Court by order filed May 26, 2016 directed plaintiff to serve defendant 24 with summons within 45 days. At the status conference held on July 20, 2016, the court advised 25 plaintiff that defendant had not yet been properly served and directed plaintiff to serve summons 26 on defendant in accordance with Federal Rule of Civil Procedure 4 no later than August 24, 2016. 27 Although plaintiff filed a purported return of summons executed, the court on August 11, 2016 28 again advised plaintiff that defendant had not been properly served with summons, reminded 1 1 plaintiff that summons must be served by August 24, 2016, and further advised plaintiff that 2 failure to do so would result in a recommendation of dismissal. 3 4 5 6 Plaintiff has failed to comply with the court’s orders and has not served defendant in compliance with Federal Rule of Civil Procedure 4. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 7 These findings and recommendations are submitted to the United States District Judge 8 assigned to the case pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 9 after being served with these findings and recommendations, any party may file written 10 objections with the court and serve a copy on all parties. Such a document should be captioned 11 “Objections to Findings and Recommendations.” Any reply to the objections shall be served and 12 filed within ten days after service of the objections. The parties are advised that failure to file 13 objections within the specified time may waive the right to appeal the District Court's order. 14 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 15 Dated: August 29, 2016 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 16 17 18 4 blackshire1123.4m.57 19 20 21 22 23 24 25 26 27 28 2
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