-SMS Fuentes, et al. vs. The City of Fresno, et al., No. 1:2010cv01628 - Document 50 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS Recommending that Complaint be Dismissed without Prejudice for Failure to Prosecute, signed by Magistrate Judge Sandra M. Snyder on 12/29/11. Referred to Judge O'Neill. (Verduzco, M)
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-SMS Fuentes, et al. vs. The City of Fresno, et al. Doc. 50 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 BENICIA FUENTES, et al., 9 10 11 12 CASE NO. 1:10-cv-01628-LJO-SMS Plaintiff, FINDINGS AND RECOMMENDATIONS RECOMMENDING THAT COMPLAINT BE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE v. CITY OF FRESNO, et al., Defendants. (Doc. 46) / 13 14 On November 17, 2011, the Court entered an order, returnable on December 21, 2011, 15 requiring Plaintiff to show cause why the complaint in this matter should not be dismissed for 16 failure to prosecute. Plaintiff’s attorney Yan Shrayberman appeared on behalf of himself and 17 attorney Mario DiSalvo; Brande Lynn Gustafson appeared for Defendants. Plaintiff Benicia 18 Fuentes did not personally appear. 19 As is documented in the record and will not be detailed in this order, because Plaintiff’s 20 counsel have been unable to locate Plaintiff Benicia Fuentes, guardian ad litem for minor 21 Plaintiffs L.G. and J.G., despite repeated and exhaustive efforts, counsel are unable to proceed in 22 the prosecution of this case. Having heard the argument and having reviewed in detail the case 23 record and applicable law, the undersigned recommends that this case be dismissed without 24 prejudice for failure to prosecute. 25 These Findings and Recommendations will be submitted to the Honorable Lawrence J. 26 O’Neill, United States District Judge, pursuant to the provisions of 28 U.S.C § 636(b)(1). Within 27 fourteen days (14) days after being served with these Findings and Recommendations, any party 28 may file written objections with the Court. Any such document should be captioned “Objections -1Dockets.Justia.com 1 to Magistrate Judge’s Findings and Recommendations.” Each party is advised that, by failing to 2 file objections within the specified time, she or he may waive the right to appeal the District 3 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 5 IT IS SO ORDERED. 6 Dated: icido3 December 29, 2011 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-