Opinion

(PS) Samuelian v. CA Franchise Tax Board

Court
District Court, E.D. California
Filed
Nov 7, 2019
Cited by
0 cases
Authority
More cited than 17.3%

The opinion

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7 UNITED STATES DISTRICT COURT

8 FOR THE EASTERN DISTRICT OF CALIFORNIA

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10 SANDRA C. SAMUELIAN, No. 2:19-cv-01333 KJM AC (PS)

11 Plaintiff,

12 v. FINDINGS AND RECOMMENDATIONS

13 CA FRANCHISE TAX BOARD, et al.,

14 Defendants.

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16 Plaintiff, who paid the filing fee in this case, is proceeding pro se. The action was

17 accordingly referred to the undersigned for pretrial purposes by E.D. Cal. R. (“Local

18 Rule”) 302(c)(21). On October 22, 2019, the court issued an order notifying plaintiff that her

19 deadline to complete service of process on defendants had passed and requiring her to show cause

20 by November 4, 2019 why this case should not be dismissed for failure to prosecute. ECF No.

21 11. The court informed plaintiff that filing proof of service would discharge the order to show

22 cause, and cautioned her that failure to timely complete service or show good cause as to why

23 service has been delayed would result in a recommendation that this case be dismissed for failure

24 to prosecute. Id. On October 23, 2019, plaintiff filed a document that appears to be a letter sent

25 to her by the John Hancock Benefits Plan entitled “Important Notice from John Hancock About

26 Your Prescription Drug Coverage and Medicare.” ECF No. 12. This document is not responsive

27 to the court’s order to show cause, and there remains no indication that service has been

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1 Therefore, IT IS HEREBY RECOMMENDED that this action be dismissed, without

2 || prejudice, for lack of prosecution and for failure to comply with the court’s order. See Fed. R.

3 || Civ. P. 41(b); Local Rule 110.

4 These findings and recommendations are submitted to the United States District Judge

5 || assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within twenty-one (21)

6 || days after being served with these findings and recommendations, plaintiff may file written

7 || objections with the court. Such document should be captioned “Objections to Magistrate □□□□□□

8 || Findings and Recommendations.” Local Rule 304(d). Plaintiff is advised that failure to file

9 | objections within the specified time may waive the right to appeal the District Court’s order.

10 | Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

11 | DATED: November 6, 2019 . ~

12 Chthterr—Clhor—e_

13 ALLISON CLAIRE

UNITED STATES MAGISTRATE JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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