Benyamini v. Hommer et al
Filing
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ORDER signed by District Judge Troy L. Nunley on 10/15/15 ORDERING that the findings and recommendations filed August 27, 2015 (ECF No. 94 ), are adopted in full; and Defendant Howe is dismissed without prejudice for failure to timely effect service of process and failure to follow court orders. See Fed. R. Civ. P. 4(m); Local Rule 110. (Becknal, R)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ROBERT BENYAMINI,
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No. 2:11-cv-2317 TLN AC P
Plaintiff,
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v.
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O’BRIAN, et al.,
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ORDER
Defendants.
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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief
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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to
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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On August 27, 2015, the Magistrate Judge filed findings and recommendations herein
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which were served on all parties and which contained notice to all parties that any objections to
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the findings and recommendations were to be filed within fourteen days. ECF No. 94. Neither
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party has filed objections to the findings and recommendations.
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The Court has reviewed the file and finds the findings and recommendations to be
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supported by the record and by the Magistrate Judge’s analysis. Accordingly, IT IS HEREBY
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ORDERED that:
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1. The findings and recommendations filed August 27, 2015 (ECF No. 94), are adopted in
full; and
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2. Defendant Howe is dismissed without prejudice for failure to timely effect service of
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process and failure to follow court orders. See Fed. R. Civ. P. 4(m); Local Rule 110.
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Dated: October 15, 2015
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Troy L. Nunley
United States District Judge
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