Opinion
No. CIV S-05-2630 DFL KJM PS.
September 28, 2006
FINDINGS RECOMMENDATIONS
This action was referred to the undersigned based on Local Rule 72-302(c)(21). One defendant in this action was dismissed by order filed August 28, 2006. Plaintiff has named two other defendants in the complaint. As provided by Federal Rule of Civil Procedure 4(m), the court may dismiss an action where service of summons is not made within 120 days after the filing of the complaint. In the order filed May 2, 2006, plaintiff was advised that the two remaining defendants had not been properly served, was afforded an additional sixty days to complete service of process, and was cautioned that failure to do so would result in a recommendation of dismissal. Plaintiff also was cautioned that this action may be dismissed if service of process is not accomplished within 120 days from the date that the complaint is filed. See Fed.R.Civ.P. 4(m). This action was filed December 28, 2005 and the 120 day time limit is now long passed without proper service of summons on the remaining defendants.
A status conference was held before the undersigned on September 27, 2006. Plaintiff failed to appear. It appears plaintiff has abandoned this litigation.
Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed.
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 ten 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. Such a document should be captioned "Objections to Findings and Recommendations." Any reply to the objections shall be served and filed within ten days after service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).