Abel v. Martel et al

Filing 65

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 8/21/2012, RECOMMENDING that defendants Kaplan and Walker be dismissed without prejudice pursuant to F.R.Civ.P. 4(m). Referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES ABEL,

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Plaintiff,

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No. 2:09-cv-1749 JAM CKD P

vs.
MIKE MARTEL, et al.,

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Defendants.

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FINDINGS & RECOMMENDATIONS
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On November 18, 2011, plaintiff was ordered to show cause within fourteen days

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why defendants Kaplan and Walker should not be dismissed for failure to serve process on those

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defendants within 120 days of the date service of process was approved. Plaintiff has not

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responded to the court’s order to show cause. Accordingly, the court will recommend that

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defendants Walker and Kaplan be dismissed without prejudice pursuant to Federal Rule of Civil

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Procedure 4(m) for failure to serve process.

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In accordance with the above, IT IS HEREBY RECOMMENDED that defendants

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Kaplan and Walker be dismissed without prejudice pursuant to Federal Rule of Civil Procedure

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4(m).

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These findings and recommendations are submitted to the United States District
Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen
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days after being served with these findings and recommendations, plaintiff may file written

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

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

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

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

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Dated: August 21, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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