Jones v. Sahota et al
Filing
120
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/10/2012 ORDERING the Clerk to serve a copy of this order on the United States Marshal, who shall abandon any efforts to effect service on defendant Suharto; and RECOMMENDING that defendant Suharto be dismissed from this action without prejudice. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (cc: USM)(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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HENRY A. JONES,
Plaintiff,
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vs.
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No. 10-cv-3206 MCE EFB P
SAHOTA, et al.,
ORDER AND
FINDINGS AND RECOMMENDATIONS
Defendants.
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/
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On August 12, 2011, the court determined that service of the February 9, 2011 amended
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complaint was appropriate for defendant Suharto. Plaintiff subsequently filed the documents
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required to effect service of process and on August 2, 2012, the court directed the United States
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Marshal to serve defendant Suharto. On August 20, 2012, however, plaintiff filed a proof of
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service purporting to mail to the court a “motion disregarding action against Suharto.” Dckt. No.
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110 at 9. Although no such motion was actually filed with the court, it appears that plaintiff no
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longer wishes to pursue a claim for relief against defendant Suharto.
Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall serve a copy
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of this order on the United States Marshal, who shall abandon any efforts to effect service on
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defendant Suharto.
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Further, IT IS HEREBY RECOMMENDED that defendant Suharto be dismissed from
this action without prejudice pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure.
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These findings and recommendations are submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
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after being served with these findings and recommendations, any party may file written
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objections with the court and serve a copy on all parties. Such a document should be captioned
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“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections
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within the specified time may waive the right to appeal the District Court’s order. Turner v.
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Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Dated: October 10, 2012.
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