(PS) Harris v. Osterlie ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MILTON D. HARRIS, Case No. 2:22-cv-01537-TLN-JDP (PS) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS 13 v. THAT THIS ACTION BE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO 14 PAUL OSTERLIE, JR., et al., COMPLY WITH COURT ORDERS AND COMPLETE SERVICE OF PROCESS 15 Defendants. OBJECTIONS DUE WITHIN FOURTEEN 16 DAYS 17 18 19 In September 2022, plaintiff filed a complaint and paid the required filing fee. Plaintiff 20 subsequently filed a purported proof of service indicating that he attempted to serve defendants 21 on September 14, 2022. ECF No. 4. However, that filing showed that plaintiff simply mailed a 22 copy of the summons and complaint to an address in Ione, which is insufficient to demonstrate 23 that service was properly effectuated. Id.; see Fed. R. Civ. P. 4(e)(2)(A)-(C); Cal. Civ. P. 24 § 415.20(b). Accordingly, on June 15, 2023, I ordered plaintiff to show cause within fourteen 25 days why this action should not be dismissed for failure to effect service of process within the 26 time prescribed by Rule 4(m). ECF No. 7. I also warned plaintiff that failure to respond to the 27 June 15 order would result in a recommendation that this action be dismissed. Id. 28 1 The deadline has passed, and plaintiff has not responded to the court’s order. 2 | Consequently, plaintiff has neither demonstrated that he has properly served defendants nor 3 | shown cause why this action should not be dismissed for failure to timely effect service of 4 | process. Accordingly, it is hereby RECOMMENDED that: 5 1. This action be dismissed without prejudice for failure to comply with court orders and 6 | complete service of process; and 7 2. The Clerk of Court be directed to close the case. 8 These findings and recommendations are submitted to the United States District Judge 9 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days 10 | after being served with these findings and recommendations, any party may file written 11 | objections with the court and serve a copy on all parties. Such a document should be captioned 12 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 13 | objections shall be served and filed within fourteen days after service of the objections. The 14 | parties are advised that failure to file objections within the specified time may waive the right to 15 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 16 | v. Yist, 951 F.2d 1153 (9th Cir. 1991). '7 | Tr IS SO ORDERED. 18 / 19 | Dated: _ December 26, 2023 usr, Voto. JEREMY D,. PETERSON 20 UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28