Deloney v. Haver et al

Filing 17

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 9/12/2012 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge John A. Mendez; Objections due within 21 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 RICKEY B. DELONEY, 11 Plaintiff, 12 vs. 13 No. 2:12-cv-1339 JAM CKD P S. HAVER, et al., 14 Defendants. 15 FINDINGS & RECOMMENDATIONS / 16 By an order filed July 26, 2012, this court ordered plaintiff to complete and return 17 to the court, within thirty days, the USM-285 forms necessary to effect service on five 18 defendants. That thirty day period has since passed, and plaintiff has not complied with the 19 court’s order. 20 21 22 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 twenty-one 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.” Plaintiff is advised that failure to file objections within the specified 1 1 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 2 (9th Cir. 1991). 3 Dated: September 12, 2012 4 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 1/de delo1339.fusm 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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