-GGH (PS) Israel v. White et al, No. 2:2010cv03194 - Document 9 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 9/13/11 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Lawrence K. Karlton; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)

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-GGH (PS) Israel v. White et al Doc. 9 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ABINADAB ISRAEL, 11 Plaintiff, 12 13 14 No. CIV S-10-3194 LKK GGH PS vs. JUDGE STEVE W. WHITE, et al., Defendants. 15 FINDINGS & RECOMMENDATIONS / 16 Despite initiating this case on November 29, 2010, plaintiff has not served 17 defendants with any of the three complaints on file. After an order to show cause issued on June 18 2, 2011, requiring plaintiff to show cause for failure to serve the complaint within 120 days 19 pursuant to Federal Rule of Civil Procedure 4(m), plaintiff responded only by filing a second 20 amended complaint. 21 In the order to show cause, issued June 2, 2011, plaintiff was informed that the 22 court may dismiss an action where service of summons is not made within 120 days after the 23 filing of the complaint. In the order requiring timely service filed November 29, 2010, plaintiff 24 was cautioned that this action may be dismissed if service was not timely completed. Plaintiff 25 then filed a satisfactory response to the order to show cause. 26 //// Dockets.Justia.com 1 By order filed June 23, 2011, plaintiff was ordered to serve the second amended 2 complaint within thirty days. Plaintiff was warned that failure to comply with the order would 3 result in a recommendation that this case be dismissed. The thirty day period has now expired, 4 and plaintiff has not served the complaint or otherwise responded to the court’s order. 5 6 7 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 8 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 9 days after being served with these findings and recommendations, plaintiff may file written 10 objections with the court. The document should be captioned “Objections to Magistrate Judge's 11 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 12 specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 13 F.2d 1153 (9th Cir. 1991). 14 DATED: September 13, 2011 15 16 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE GGH:076 Israel3194.fsrv.wpd 17 18 19 20 21 22 23 24 25 26 2

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