(PS) Selck v. Department of Health and Human Services et al, No. 2:2019cv01067 - Document 12 (E.D. Cal. 2020)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/6/2020 VACATING the 4/8/2020 scheduling conference and RECOMMENDING that this action be dismissed for failure to timely effect services of process, failure to c omply with court orders, and for lack of prosecution. Matter 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)

Download PDF

(PS) Selck v. Department of Health and Human Services et al Doc. 12 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MORREY SELCK, 12 Plaintiff, 13 14 15 No. 2:19-cv-1067-JAM-EFB PS v. ORDER AND FINDINGS AND RECOMMENDATIONS DEPARTMENT OF HEALTH ANDHUMAN SERVICES; STATE CONTROLLER’S OFFICE, 16 Defendants. 17 18 The court previously issued an order setting a status (pretrial scheduling) conference for 19 February 19, 2020.1 The order directed plaintiff to complete service of process on the defendant 20 within 90 days and to serve a copy of the order concurrently with service of the summons and 21 complaint. The order also directed the parties to file status reports fourteen days prior to the 22 scheduling conference. ECF No. 9. 23 Plaintiff did not timely file a status report, nor did he file a proof of service demonstrating 24 that defendant was properly served. See Fed. R. Civ. P. 4(l)(l) (requiring that proof of service be 25 made to the court). Accordingly, the status conference was continued, and plaintiff was ordered 26 to show cause, by no later than March 25, 2020, why this case should not be dismissed for failure 27 28 1 This case, in which plaintiff is proceeding in propria persona, 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 to effect service of process and/or failure to comply with the court’s order. ECF No. 11; see Fed. 2 R. Civ. P. 41(b); Fed. R. Civ. P. 4(m); E.D. Cal. L.R. 110 (“Failure of counsel or of a party to 3 comply with these Rules or with any order of the Court may be grounds for imposition by the 4 Court of any and all sanctions authorized by statute or Rule or within the inherent power of the 5 Court.”); see also E.D. Cal. L.R. 183 (“Any individual representing himself or herself without an 6 attorney is bound by the Federal Rules of Civil or Criminal Procedure and by these Local 7 Rules.”). Plaintiff was also admonished that failure to do so would result in a recommendation 8 that this action be dismissed. Id. 9 10 11 12 13 14 The deadline has passed, and plaintiff has not responded to the court’s order to show cause.2 Accordingly, it is hereby ORDERED that the April 8, 2020 scheduling conference is vacated. Further, it is RECOMMENDED that this action be dismissed for failure to timely effect services of process, failure to comply with court orders, and for lack of prosecution. 15 These findings and recommendations are submitted to the United States District Judge 16 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 17 after being served with these findings and recommendations, any party may file written 18 objections with the court and serve a copy on all parties. Such a document should be captioned 19 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 20 within the specified time may waive the right to appeal the District Court’s order. Turner v. 21 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 22 Dated: April 6, 2020. 23 24 25 26 27 28 2 Although it appears from the file that plaintiff’s copy of the order was returned, plaintiff was properly served. It is the plaintiff’s responsibility to keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of the party is fully effective. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.