Gant v. McDonald et al
Filing
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ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/3/2011 ORDERING the clerk to assign a district judge to this action; and RECOMMENDING that the claims against dft Robertson be dismissed. Assigned and Referred to Judge Lawrence K. Karlton; Objections due w/in 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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TONY AUSTIN GANT,
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Plaintiff,
No. 2: 10-cv-1364 KJN P
vs.
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M.D. McDONALD, et al.,
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Defendants.
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ORDER AND
FINDINGS & RECOMMENDATIONS
/
By an order filed February 23, 2011, plaintiff was ordered to complete and return
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to the court, within sixty days, the USM-285 forms necessary to effect service on defendant
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Robertson. That sixty day period has since passed, and plaintiff has not responded in any way to
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the court’s order.
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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall assign
a district judge to this action; and
IT IS HEREBY RECOMMENDED that the claims against defendant Robertson
be dismissed. 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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fourteen 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 3, 2011
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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gan1364.fusm
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