Florence v. Nangalama et al

Filing 8

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 2/16/12 ORDERING that the Clerk assign a district judge to this case; it is RECOMMENDED that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 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 DAVID FLORENCE, Plaintiff, 11 12 13 14 vs. A.W. NANGALAMA, et al., ORDER AND Defendants. FINDINGS & RECOMMENDATIONS / 15 16 No. 2:11-cv-3119-JFM (PC) By an order filed December 23, 2011, this court ordered plaintiff to complete and 17 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 23 24 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall assign a district judge to this case; and 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: February 16, 2012. 7 8 9 10 /014;flor3119.fusm 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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