Abel v. Martel et al

Filing 38

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 9/26/11 RECOMMENDING that defendant Rodriguez be dismissed from this action. Referred to Judge John A. Mendez; Objections to F&R due within 21 days.(Dillon, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

JAMES ABEL,

11

Plaintiff,

12
13

No. CIV-S-09-1749 JAM CKD P

vs.
MIKE MARTEL, et al.,

14

Defendants.

15

FINDINGS & RECOMMENDATIONS
/

16

On April 27, 2011, plaintiff was granted sixty days to file a status report regarding

17

service of process on defendant Rodriguez, but no report has been filed. Since process has not

18

been served, and it does not appear that service will take place, IT IS HEREBY

19

RECOMMENDED that defendant Rodriguez be dismissed from this action.

20

These findings and recommendations are submitted to the United States District

21

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

22

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

23

objections with the court. The document should be captioned “Objections to Magistrate Judge’s

24

Findings and Recommendations.” Plaintiff is advised that failure to file objections within the

25

/////

26

/////
1

1

specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951

2

F.2d 1153 (9th Cir. 1991).

3

Dated: September 26, 2011

4

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

5
6
7
8
9

1/de
abel1749.f&r

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2