Pelaske v. Khoronov et al

Filing 14

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/27/11 RECOMMENDING that this action be dismissed without prejudice; 13 Amended Prisoner Civil Rights Complaint referred to Judge Kimberly J. Mueller; Objections to F&R due within 21 days.(Dillon, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JONOTHAN EDWIN PELASKE, 11 Plaintiff, 12 13 No. 2: 11-cv-0757 KJM KJN P vs. MICHAEL KHORONOV, et al., 14 Defendants. 15 FINDINGS & RECOMMENDATIONS / 16 By an order filed June 16, 2011, this court ordered plaintiff to complete and return 17 to the court, within thirty days, the USM-285 forms necessary to effect service on defendants. 18 That thirty day period has since passed, and plaintiff has not responded in any way to the court’s 19 order. 20 21 22 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 23 District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 24 twenty-one days after being served with these findings and recommendations, plaintiff may file 25 written objections with the court. The document should be captioned “Objections to Findings 26 and Recommendations.” Any response to the objections shall be filed and served within 1 1 fourteen days after service of the objections. Plaintiff is advised that failure to file objections 2 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 3 Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 DATED: July 27, 2011 5 6 7 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 8 9 pel757.fusm 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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