(PS) ASAP Technical Service Inc. et al v. Recontrust Company, Bank of America, N.A. et al, No. 2:2015cv01974 - Document 57 (E.D. Cal. 2016)

Court Description: FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 4/11/2016 RECOMMENDING that this action be dismissed, without prejudice, for lack of prosecution and for failure to comply with the court's orders pursuant to F.R.Cv.P. Rule 41(b), E.D. Cal. R. 110; REFERRING this matter to Judge Kimberly J. Mueller; ORDERING that any objections be filed within twenty-one (21) days. (Michel, G.)

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(PS) ASAP Technical Service Inc. et al v. Recontrust Company, Bank of America, N.A. et al Doc. 57 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JACOB WINDING, 12 Plaintiff, 13 14 No. 2:15-cv-1974 KJM AC (PS) v. FINDINGS AND RECOMMENDATIONS LANDSAFE DEFAULT, INC., et al., 15 Defendants. 16 On February 24, 2016, the court ordered plaintiff to show cause why this action should not 17 18 be dismissed for failure to prosecute. ECF No. 56. Plaintiff has not responded to the court’s 19 order, nor taken any action to prosecute this case. Therefore, IT IS HEREBY RECOMMENDED that this action be dismissed, without 20 21 prejudice, for lack of prosecution and for failure to comply with the court’s orders. See Fed. R. 22 Civ. P. 41(b); E.D. Cal. R. 110. These findings and recommendations are submitted to the United States District Judge 23 24 assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one (21) 25 days after being served with these findings and recommendations, plaintiff may file written 26 objections with the court. Such document should be captioned “Objections to Magistrate Judge’s 27 Findings and Recommendations.” Local Rule 304(d). Plaintiff is advised that failure to file 28 //// 1 Dockets.Justia.com 1 objections within the specified time may waive the right to appeal the District Court’s order. 2 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 DATED: April 11, 2016 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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