-SMS Baker v. City of Modesto et al, No. 1:2011cv00129 - Document 6 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS Recommending Dismissal of Case for Failure to Prosecute, signed by Magistrate Judge Sandra M. Snyder on 4/20/11. Referred to Judge Ishii. (Verduzco, M)
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-SMS Baker v. City of Modesto et al Doc. 6 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MICHAEL EVAN BAKER, 10 Plaintiff, 11 12 CASE NO. 1:11-cv-00129-AWI-SMS FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSAL OF CASE FOR FAILURE TO PROSECUTE v. CITY OF MODESTO, et al., 13 Defendants. (Doc. 5) / 14 15 16 On February 11, 2011, this Court granted Plaintiff’s motion to proceed in forma pauperis 17 and authorized service of the complaint upon the defendants. The order provided that if Plaintiff 18 failed to complete necessary documentation for service and return it to the Court within thirty 19 days, the action would be dismissed for failure to prosecute. Plaintiff has failed to complete and 20 return the necessary documentation. Accordingly, the undersigned recommends that this action 21 be dismissed without prejudice as a result of Plaintiff’s failure to prosecute the case. 22 These Findings and Recommendations will be submitted to the Hon. Anthony W. Ishii, 23 the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 24 636(b)(1). On or before May 4, 2011, Plaintiff may file written objections with the Court. The 25 document should be captioned “Objections to Magistrate Judge’s Findings and 26 Recommendations.” Plaintiff is advised that, by failing to file objections within the specified 27 /// 28 /// 1 Dockets.Justia.com 1 time, he may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 2 (9th Cir. 1991). 3 4 5 6 IT IS SO ORDERED. 7 Dated: icido3 April 20, 2011 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2