Gastelum

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 FERNANDO GASTELUM, Case No. 1:22-cv-01173-ADA-CDB

Plaintiff, FINDINGS AND RECOMMENDATION

TO DISMISS PLAINTIFF’S COMPLAINT

v. WITHOUT PREJUDICE FOR FAILING

TO PROSECUTE AND TO COMPLY

BED BATH & BEYOND, INC. WITH FED. R. CIV. PRO. 4(m)

Defendant. (Docs. 12, 13)

16 17 Pending before the Court is Plaintiff Fernando Gastelum’s response to this Court’s Order to Show Cause (OSC) why sanctions should not be imposed for his failure to timely serve and file summons returned executed consistent with Rule 4, Fed. R. Civ. Pro. For the reasons set forth herein, the Court declines to discharge the OSC and will recommend that the action be dismissed without prejudice for failure to prosecute, failure to comply with this Court’s orders and failure to comply with Rule 4. BACKGROUND Plaintiff commenced this action on September 14, 2022, in which he raises claims against Defendant for violations…