(SS) (PS) Reade v. Commissioner of Social Security, No. 2:2014cv01862 - Document 10 (E.D. Cal. 2014)

Court Description: FINDINGS and RECOMMENDATIONS, recommending that action be dismissed for lack of prosecution, signed by Magistrate Judge Carolyn K. Delaney on 12/2/2014. These Findings and Recommendations are SUBMITTED to District Judge Garland E. Burrell, Jr.. Within 14 days after being served with these F/Rs, any party may file written Objections with Court and serve a copy on all parties. (Marciel, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SHERRI READE, 12 13 14 15 16 No. 2:14-cv-1862 GEB CKD PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. 17 18 By order filed August 18, 2014, plaintiff was directed to submit to the United States 19 Marshal a completed summons and copies of the complaint within fourteen days, and to file a 20 statement with the court that said documents had been submitted to the United States Marshal. 21 Plaintiff failed to timely submit the statement of compliance. Plaintiff was therefore directed to 22 show cause why this action should not be dismissed for lack of prosecution. Plaintiff did not 23 respond to the order to show cause and the court therefore recommended that the action be 24 dismissed. Plaintiff then filed objections. The court thereafter vacated the findings and 25 recommendations and ordered plaintiff to submit the requisite documents to the United States 26 Marshal for service of process no later than November 21, 2014 and to file a statement of 27 compliance. Plaintiff has again failed to comply with the court’s order and there is no evidence 28 that plaintiff has completed the steps necessary to effectuate service. 1 1 2 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed for lack of prosecution. 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, any party may file written 6 objections with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 8 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 9 Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 Dated: December 2, 2014 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 11 12 13 14 4 reade1862.dlop2.57 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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