-GGH (PS) Aspenlind v. Spartan Mortgage Services et al, No. 2:2011cv00366 - Document 32 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS, recommending that defendants Kindopp; North American Title; and California Moving Company be dismissed without prejudice, signed by Magistrate Judge Gregory G. Hollows on 12/13/2011. These F/Rs are REFERRED to Judge Morrison C. England, Jr.. Within 14 days after being served with these F/Rs, plaintiff may file written Objections with Court. (Marciel, M)
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-GGH (PS) Aspenlind v. Spartan Mortgage Services et al Doc. 32 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LARS ASPENLIND, 11 12 13 14 Plaintiff, CIV. NO. S-11-0366 MCE GGH PS vs. SPARTAN MORTGAGE SERVICES, et al., Defendants. FINDINGS & RECOMMENDATIONS / 15 16 By order filed November 18, 2011, plaintiff was ordered to show cause, within 17 fourteen days, why defendants Kindopp, North American Title, and California Moving Company 18 should not be dismissed for failure to serve these defendants in compliance with Federal Rule of 19 Civil Procedure 4(m). Pursuant to Rule 4(m), the court may dismiss an action where service of 20 summons is not made within 120 days after the filing of the complaint. In the order requiring 21 timely service filed February 9, 2011, plaintiff was cautioned that this action may be dismissed if 22 service was not timely completed. This action was filed February 9, 2011, and plaintiff has not 23 yet served defendants Kindopp, North American Title, and California Moving Company with 24 summons. Furthermore, this court’s order of August 9, 2011, reminded plaintiff that these 25 defendants still had not been served. The fourteen day period to show cause has now expired, 26 and plaintiff has not shown cause or otherwise responded to the court’s order. 1 Dockets.Justia.com 1 IT IS HEREBY RECOMMENDED that defendants Kindopp, North American 2 Title, and California Moving Company be dismissed without prejudice. See Local Rule 11-110; 3 Fed. R. Civ. P. 41(b). 4 These findings and recommendations are submitted to the United States District 5 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 6 days after being served with these findings and recommendations, plaintiff may file written 7 objections with the court. The document should be captioned “Objections to Magistrate Judge's 8 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 9 specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 10 F.2d 1153 (9th Cir. 1991). 11 DATED: December 13, 2011 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 12 13 GGH:076 Aspenlind0366.fr2.wpd 14 15 16 17 18 19 20 21 22 23 24 25 26 2