Floyd v. Grannis

Filing 90

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/30/11 denying 87 Motion for Extension of time. Also, RECOMMENDING that defendant Mikelatos be dismissed without prejudice. Referred to Judge William B. Shubb. Objections due within 21 days. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANDRE RENE FLOYD,

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Plaintiff,

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No. CIV S-08-2346 WBS CKD P

vs.
N. GRANNIS, et al.,

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ORDER AND

Defendants.

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FINDINGS AND RECOMMENDATIONS
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Plaintiff is a California prisoner proceeding pro se. On April 7, 2009, the court

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indicated that service of process is appropriate for defendant Mikelatos. To date, plaintiff has not

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provided the court with the information necessary to complete service. On December 2, 2011,

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the court ordered plaintiff to show cause why Mikelatos should not be dismissed. In response to

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the order to show cause, plaintiff essentially requests 120 more days to locate Mikelatos.

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However, plaintiff fails to point to anything suggesting he will have any more success locating

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Mikelatos in the next 120 days than he has had over the last 2 /12 years.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s December 19, 2011

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request for an extension of time to provide the court with the information necessary to serve

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defendant Mikelatos is denied; and

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/////

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IT IS HEREBY RECOMMENDED that defendant Mikelatos be dismissed
without prejudice.

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These findings and recommendations are submitted to the United States District

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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-

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

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections

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within the specified time may waive the right to appeal the District Court’s order. Martinez v.

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Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: December 30, 2011

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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