Rodriguez Mota v. Butler Amusements, Inc.

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA GONZALO RODRIGUEZ MOTA, No. 2:23-cv-00871-CKD 12 Plaintiffs, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS TO DISMISS FOR BUTLER AMUSEMENTS, INC., FAILURE TO SERVE 15 Defendant.

17 On May 10, 2023, plaintiff filed this action and the Clerk of Court issued service documents. (ECF Nos. 1, 2, 3.) Plaintiff was required to serve defendant with copies of the summons and complaint within 90 days of filing the complaint. Fed. R. Civ. P. 4(c)(1) & (m). On October 11, 2023 this court granted plaintiff’s request for a 60 day extension to complete service of process. (ECF No. 7.) The court ordered plaintiff to effectuate service of process on defendant by December 5, 2023.

23 On January 2, 2024, this court ordered plaintiff to file a statement with the court indicating the status of service. (ECF No. 8.) Plaintiff was cautioned that failure to comply with the court’s order within fourteen days would result in dismissal of plaintiff’s case without prejudice. The relevant deadlines have now passed, and plaintiff has not filed proof of service with the court or otherwise shown good cause for the lack of service. ] If a defendant is not served by the deadline, the court—on motion or on its own after || notice to the plaintiff—must dismiss the action without prejudice against that defendant or order || that service be made within a specified time. Fed. R. Civ. P. 4(m). Here, the court has ordered | plaintiff to show proof of service and plaintiff has failed to comply. Accordingly, the || 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 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1).. Within fourteen (14) | days after being served with these findings and recommendations, plaintiffs may file written || objections with the court. Such a document should be captioned “Objections to Magistrate || Judge’s Findings and Recommendations.” Plaintiffs are advised that failure to file objections || within the specified time may waive the right to appeal the District Court’s order. Turer v. | Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. YIst, 951 F.2d 1153, 1156-57 (9th Cir. | 1991).

20 | Dated: January 22, 2024 / □□□ / 4 ly a 21 CAROLYNK. DELANEY 22 UNITED STATES MAGISTRATE JUDGE | a1 2041-0871