Montano v Reyes et al

Filing 11

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/2/12 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

RAUL MONTANO,

11

Plaintiff,

12

vs.

13

No. 2:11-cv-1798-GEB-KJN-P

D. REYES, et al.,

14

Defendants.

15
16
17

FINDINGS AND RECOMMENDATIONS
/

On July 27, 2012, all defendants, with the exception of defendant Reyes, were
dismissed from this action. (See Dkt. Nos. 9. 10.)

18

Meanwhile, by order filed May 30, 2012, this court directed plaintiff to complete

19

and return to the court, within thirty days, the USM-285 form necessary to effect service on sole

20

remaining defendant Reyes. That thirty-day period has passed, and plaintiff has not responded in

21

any way to the court’s order.

22
23
24

Accordingly, 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

25

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

26

fourteen days after being served with these findings and recommendations, plaintiff may file
1

1

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

2

and Recommendations.” Any response to the objections shall be filed and served within

3

fourteen days after service of the objections. Plaintiff is advised that failure to file objections

4

within the specified time may waive the right to appeal the District Court’s order. Martinez v.

5

Ylst, 951 F.2d 1153 (9th Cir. 1991).

6

DATED: August 2, 2012

7
8

_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

9
10

mont1798.fusm.

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2