Calhoun v. Gomez et al

Filing 15

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/19/13 RECOMMENDING that this action be dismissed for failure to prosecute. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMONT L. CALHOUN,

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No. 2:12-cv-2856-GEB-EFB P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

M. GOMEZ, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. On August 14, 2013, the court screened plaintiff’s amended complaint and found

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service appropriate for defendants Green, Gomez, Merriweather and Young. That order gave

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plaintiff 30 days to submit the documents necessary for service of process on defendants and

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warned plaintiff that failure to comply with the order could result in dismissal of his case. The

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time for acting has passed and plaintiff has failed to comply with or otherwise respond to the

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court’s order.

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Accordingly, it is hereby RECOMMENDED that this action be dismissed for failure to
prosecute. Fed. R. Civ. P. 41(b); E.D. Cal. Local Rule 110.

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These findings and recommendations are 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, any party may file written
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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections

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

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Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: September 19, 2013.

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