Bumpus v. Nangalama, et al

Filing 30

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 12/4/2013 RECOMMENDING that defendant Fields be dismissed from this action. Referred to Judge Garland E. Burrell, Jr.; Objections due within 14 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PATRICK BUMPUS,

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Plaintiff,

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No. 2:12-cv-01102 GEB DAD P

v.

FINDINGS AND RECOMMENDATIONS

A. NANGALAMA, et al.,

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Defendants.

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By orders filed on July 8, 2013 and August 20, 2013, this court ordered plaintiff to

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complete and return to the court, the Notice of Submission of Documents, a USM-285 form

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necessary to effect service on defendant Fields, two copies of the endorsed complaint, and a

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summons form if not previously provided. The time for submitting the required documents has

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since passed, and plaintiff has not complied with the court’s August 20, 2013 order requiring that

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the documents be submitted on or before October 8, 2013.1
Accordingly, IT IS HEREBY RECOMMENDED that defendant Fields be dismissed from

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this action.

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/////

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Defendants Nangalama, Dillan, Sahota, Cox, Teachow and Deem have been served and, on
July 19, 2013, they filed a motion to dismiss the complaint pursuant to Rule 12(b)(6) of the
Federal Rules of Civil Procedure on the grounds that it fails to state a claim upon which relief can
be granted.
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These findings and recommendations will be submitted to the United States District Judge

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

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after being served with these findings and recommendations, plaintiff may file written objections

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with the court. The document should be captioned “Objections to Findings and

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Recommendations.” Plaintiff is advised that failure to file objections within the specified time

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may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th

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Cir. 1991).

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Dated: December 4, 2013

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DAD:4
bum1102.fusm

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