(PS) Larry v. JPMorgan Bank, N.A. et al, No. 2:2009cv02179 - Document 12 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 10/29/10 RECOMMENDING that this action be dismissed without prejudice. Objections due within 14 days. (Manzer, C)
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(PS) Larry v. JPMorgan Bank, N.A. et al Doc. 12 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROY LARRY, 11 12 Plaintiff, No. CIV S-09-2179 GEB GGH PS vs. 13 JP MORGAN CHASE BANK, N.S., et al., 14 Defendants. 15 16 FINDINGS & RECOMMENDATIONS / By order filed August 23, 2010, plaintiff was ordered to show cause, within 17 twenty-eight days, why his action should not be dismissed for failure to serve. Fed. R. Civ. P. 18 4(m). The twenty-eight day period has now expired, and plaintiff has not shown cause or 19 otherwise responded to the court’s order. 20 21 22 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the United States District 23 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 24 days after being served with these findings and recommendations, plaintiff may file written 25 objections with the court. The document should be captioned “Objections to Magistrate Judge's 26 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the Dockets.Justia.com 1 specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 2 F.2d 1153 (9th Cir. 1991). 3 DATED: October 29, 2010 4 /s/ Gregory G. Hollows 5 UNITED STATES MAGISTRATE JUDGE 6 GGH:035 larry.fsc 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2