Gress v. Smith, et al.

Filing 79

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 05/12/15 recommending that defendant Col be dismissed from this action without prejudice. Referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)

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
17

By an order filed March 4, 2015, this court ordered plaintiff to complete and return to the

18

court, within sixty days, the USM-285 forms necessary to effect service on defendant Col. That

19

sixty day period has since passed, and plaintiff has not responded in any way to the court’s order.
IT IS HEREBY RECOMMENDED that defendant Col be dismissed from this action

20
21

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

22
23

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

24

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

25

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

26

////

27

////

28

////
1

1

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

2

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

3

Cir. 1991).

4

Dated: May 12, 2015

5
6
7
8

/gres0328.fusm2

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