Cooper v. Heatley et al

Filing 8

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 1/28/13 ORDERING that this case be randomly assigned to a District Judge. It is RECOMMENDED that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GOLDYN COOPER,

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Plaintiff,

No. 2:12-cv-00602 DAD P

vs.

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SCOTT HEATLEY, et al.,

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Defendants.

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ORDER AND
FINDINGS & RECOMMENDATIONS
/

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On December 20, 2012, this court ordered plaintiff to complete and return to the

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court, within thirty days, the USM-285 forms necessary to effect service on defendants, a

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completed summons and four copies of his endorsed complaint. That thirty day period has since

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passed, and plaintiff has not responded in any way to the court’s order.

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Accordingly, IT IS HEREBY ORDERED that this case be randomly assigned to a
District Judge.
Also, 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

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

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fourteen days after being served with these findings and recommendations, plaintiff may file
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written objections with the court. The document should be captioned “Objections to Findings

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

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

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

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

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DATED: January 28, 2013.

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DAD:4
coop602.fusm

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