-SMS Sconiers v. Judicial Council of CA, et al., No. 1:2011cv00113 - Document 73 (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 12/21/11. Referred to Judge O'Neill. (Verduzco, M)
Download PDF
-SMS Sconiers v. Judicial Council of CA, et al. Doc. 73 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. 1:11-cv-00113-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 further detailed in this order, because 20 Plaintiff’s counsel have been unable to locate Plaintiff Benicia Fuentes, guardian ad litem for 21 minor Plaintiffs L.G. and J.G., despite repeated and exhaustive efforts, counsel are unable to 22 proceed in the prosecution of this case. Having heard argument and having reviewed in detail the 23 case 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 21, 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-