Lee v. Whitten, et al

Filing 19

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/20/2013 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Troy L. Nunley; Objections due within 14 days. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GEORGE LEE,

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Plaintiff,

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No. 2:12-cv-2104 TLN KJN P

vs.
A. WHITTEN, et al.,

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Defendants.

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FINDINGS & RECOMMENDATIONS
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By an order filed March 6, 2013, this court ordered plaintiff to complete and

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

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defendants. Plaintiff submitted the USM-285 forms, but failed to provide the four copies of the

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amended complaint required to effect service of process. On April 9, 2013, plaintiff was granted

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an additional thirty days in which to submit the copies. Plaintiff was cautioned that failure to

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comply with the court order would result in a recommendation that this action be dismissed.

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

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IT IS HEREBY RECOMMENDED that this action be dismissed without

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prejudice. See Fed. R. Civ. P. 41(b).

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

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

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(9th Cir. 1991).

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DATED: May 20, 2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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lee2104.fusm

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