Rodriguez Mota v. Butler Amusements, Inc. ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GONZALO RODRIGUEZ MOTA, No. 2:23-cv-00871-CKD 12 Plaintiffs, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS TO DISMISS FOR 14 BUTLER AMUSEMENTS, INC., FAILURE TO SERVE 15 Defendant. 16 17 On May 10, 2023, plaintiff filed this action and the Clerk of Court issued service 18 documents. (ECF Nos. 1, 2, 3.) Plaintiff was required to serve defendant with copies of the 19 summons and complaint within 90 days of filing the complaint. Fed. R. Civ. P. 4(c)(1) & (m). On 20 October 11, 2023 this court granted plaintiff’s request for a 60 day extension to complete service 21 of process. (ECF No. 7.) The court ordered plaintiff to effectuate service of process on defendant 22 by December 5, 2023. 23 On January 2, 2024, this court ordered plaintiff to file a statement with the court indicating 24 the status of service. (ECF No. 8.) Plaintiff was cautioned that failure to comply with the court’s 25 order within fourteen days would result in dismissal of plaintiff’s case without prejudice. The 26 relevant deadlines have now passed, and plaintiff has not filed proof of service with the court or 27 otherwise shown good cause for the lack of service. 28 ] If a defendant is not served by the deadline, the court—on motion or on its own after 2 || notice to the plaintiff—must dismiss the action without prejudice against that defendant or order 3 || that service be made within a specified time. Fed. R. Civ. P. 4(m). Here, the court has ordered 4 | plaintiff to show proof of service and plaintiff has failed to comply. Accordingly, the 5 || undersigned recommends that this action be dismissed without prejudice. 6 ORDER 7 The Clerk of Court is hereby directed to randomly assign a district judge to this matter. 8 FINDINGS AND RECOMMENDATIONS 9 IT IS HEREBY RECOMMENDED that 10 1. Plaintiffs’ claims be DISMISSED WITHOUT PREJUDICE; 1] 2. The Clerk of Court be directed to CLOSE this case; and 12 These findings and recommendations are submitted to the United States District Judge 13 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1).. Within fourteen (14) 14 | days after being served with these findings and recommendations, plaintiffs may file written 15 || objections with the court. Such a document should be captioned “Objections to Magistrate 16 || Judge’s Findings and Recommendations.” Plaintiffs are advised that failure to file objections 17 || within the specified time may waive the right to appeal the District Court’s order. Turer v. 18 | Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. YIst, 951 F.2d 1153, 1156-57 (9th Cir. 19 | 1991). 20 | Dated: January 22, 2024 / □□□ / 4 ly a 21 CAROLYNK. DELANEY 22 UNITED STATES MAGISTRATE JUDGE | a1 2041-0871 24 25 26 27 28