Arocha v. Sauceda et al

Filing 124

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 9/17/2014 RECOMMENDING that defendant Montanez be dismissed. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days.(Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RUDY AROCHA, 12 Plaintiff, 13 14 No. 2:11-cv-2959 MCE KJN P v. FINDINGS AND RECOMMENDATIONS E. SAUCEDA, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 18 to 42 U.S.C. § 1983. On December 13, 2013, the court granted plaintiff thirty days to submit the 19 forms necessary for service of defendant Montanez. (ECF No. 90.) Thirty days passed and 20 plaintiff did not return these forms. 21 Accordingly, IT IS HEREBY RECOMMENDED that defendant Montanez be dismissed. 22 These findings and recommendations are submitted to the United States District Judge 23 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 24 after being served with these findings and recommendations, plaintiff may file written objections 25 with the court and serve a copy on all parties. Such a document should be captioned 26 “Objections to Magistrate Judge’s Findings and Recommendations.” 27 //// 28 //// 1 1 Plaintiff is advised that failure to file objections within the specified time may waive the 2 right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 Dated: September 17, 2014 4 5 Ar2959.dis(m) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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