Xavier v. Roche et al

Filing 32

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 6/11/2012 RECOMMENDING that this action be dismissed without prejudice. 28 Amended Complaint filed by Gary Raymond Xavier referred to Judge Lawrence K. Karlton. Any party may filed objections to these findings and recommendations within 21 days after being served.(Waggoner, D)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GARY R. XAVIER, 11 12 13 14 Plaintiff, vs. M. FRENCH, et al., Defendants. 15 16 No. 2:09-cv-0783 LKK CKD P FINDINGS & RECOMMENDATIONS / By an order filed April 25, 2012, this court ordered plaintiff to complete and 17 return to the court, within thirty days, the USM-285 forms necessary to effect service on 18 defendants. That thirty day period has since passed, and plaintiff has not responded in any way 19 to the court’s order. 20 21 22 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. P. 41(b). These findings and recommendations will be submitted to the United States 23 District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 24 twenty-one days after being served with these findings and recommendations, plaintiff may file 25 written objections with the court. The document should be captioned “Objections to Findings 26 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 1 1 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 2 (9th Cir. 1991). 3 Dated: June 11, 2012 4 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 de xavi0783.fusm 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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