Gress v. Smith, et al.

Filing 76

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/7/15 Recommending that Defendant Dr. Bruce Barnett be dismissed from this Action without prejudice re 53 Amended Prisoner Civil Rights Complaint. These Findings and Recommendations will be submitted to U.S. District Judge Troy L. Nunley. Objections to these F&R due within fourteen days. (Mena-Sanchez, L)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

MICHAEL GRESS,

12

Plaintiff,

13
14

No. 2:13-cv-0328 TLN KJN P

v.

FINDINGS AND RECOMMENDATIONS

CHRISTOPHER SMITH, M.D., et al.,

15

Defendants.

16
By an order filed March 30, 2015, this court ordered plaintiff to complete and return to the

17
18

court, within thirty days, the USM-285 forms necessary to effect service on defendant Dr. Bruce

19

Barnett. That thirty day period has since passed, and plaintiff has not responded in any way to the

20

court’s order.
IT IS HEREBY RECOMMENDED that defendant Dr. Bruce Barnett be dismissed from

21
22

this action without prejudice. See Fed. R. Civ. P. 41(b).
These findings and recommendations will be submitted to the United States District Judge

23
24

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

25

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

26

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

27

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

28

/////
1

1

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

2

Cir. 1991).

3

Dated: May 7, 2015

4
5
/gres0328.fusm

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2