Florence v. Nangalama et al

Filing 20

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/22/2013 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections due within 14 days. (Yin, K)

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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 DAVID FLORENCE, 11 12 13 14 Plaintiff, vs. A.W. NANGALAMA, et al., Defendants. 15 16 No. 2:11-cv-03119 GEB JFM (PC) FINDINGS & RECOMMENDATIONS / By an order filed April 3, 2012 (ECF 19), this court ordered plaintiff to complete 17 and return to the court, within thirty days, the USM-285 forms necessary to effect service on 18 defendants. That thirty day period has since passed, and plaintiff has not responded in any way 19 to the court’s order. 20 21 22 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 23 District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 24 fourteen 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: May 22, 2013 5 6 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 7 8 flor3119.fusm(2) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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