(PS) Maxey v. Brown, et al, No. 2:2014cv02507 - Document 18 (E.D. Cal. 2015)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/2/15 RECOMMENDING that this action be dismissed for failure to prosecute. Case referred to District Judge John A. Mendez. Within 14 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, A)
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(PS) Maxey v. Brown, et al Doc. 18 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES C. MAXEY, 12 13 No. 2:14-cv-2507-JAM-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS 14 EDMUND G. BROWN, et al., 15 Defendants. 16 17 On March 30, 2015, the court dismissed plaintiff’s claims with prejudice against all 18 defendants except Scott Jones.1 ECF No. 9. The court subsequently directed the clerk to provide 19 plaintiff with the forms required to effect service on Jones, and directed plaintiff to provide to the 20 U.S. Marshal within fifteen days all information needed to effect service of process. ECF No. 11. 21 When plaintiff failed to timely comply, on October 23, 2015, the court ordered plaintiff to supply 22 the United States Marshal, within fourteen days from the date of that order, all information 23 needed by the Marshal to effect service of process. ECF No. 17. That order further directed 24 plaintiff to show cause within fourteen days why sanctions should not be imposed for his failure 25 to follow court orders or prosecute the case. The time for acting has passed and plaintiff has 26 failed to comply with or otherwise respond to the court’s order. 27 28 1 This case, in which plaintiff is proceeding pro se, is before the undersigned pursuant to Eastern District of California Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1). 1 Dockets.Justia.com 1 2 Accordingly, it is hereby RECOMMENDED that this action be dismissed for failure to prosecute. Fed. R. Civ. P. 41(b); E.D. Cal. Local Rule 110. 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. Turner v. 9 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 Dated: December 2, 2015. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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