Birdwell et al v Cates et al

Filing 69

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 08/22/11 recommending that defendant Peterson be dismissed from this action. Referred to Judge Kimberly J. Mueller. Objections due within 14 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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BILLY PAUL BIRDWELL, II,

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Plaintiff,

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vs.

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No. CIV S-10-0719 KJM GGH P

M. CATES, et al.,

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Defendants.

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FINDINGS & RECOMMENDATIONS
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By an order filed April 29, 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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defendant Petersen.1 That sixty day period has since passed, and plaintiff has not responded in

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any way to the court’s order regarding defendant Petersen.

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IT IS HEREBY RECOMMENDED that defendant Petersen be dismissed from
this action. See Fed. R. Civ. P. 41(b).

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

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A prior attempt to served this defendant was unsuccessful.
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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: August 22, 2011

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH: AB

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bird0719.fusm

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