Jones v. Plessas et al

Filing 44

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/9/11 recommending that this action be dismissed without prejudice. Objections to F&R due w/in 14 days. (Matson, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MALIK JONES,

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Plaintiff,

No. 2:09-cv-2133 FCD KJN P

vs.
C. PLESSAS, et al.,
Defendants.

FINDINGS & RECOMMENDATIONS
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By an order filed March 4, 2011, this court ordered plaintiff to complete and

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return to the court, within sixty days, the USM-285 forms necessary to effect service on

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defendants Boras, Cosby, Cross, Lorad and Martaines. That sixty day period has since passed,

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and plaintiff has not responded in any way to the court’s order.

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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

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

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

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written objections with the court. The document should be captioned “Objections to Findings

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and Recommendations.” Any response to the objections shall be filed and served within
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fourteen days after service of the objections. Plaintiff is advised that 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: May 9, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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/jone2133.fus

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