Kirk v. Smith et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 07/18/13 recommending that this action be dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JOHN MICHAEL KIRK,
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Plaintiff,
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No. 2:13-cv-0734 JAM CKD P
v.
FINDINGS AND RECOMMENDATIONS
SMITH, et al.,
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Defendants.
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By an order filed May 31, 2013, this court ordered plaintiff to complete and return to the
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court, within thirty days, the USM-285 forms necessary to effect service on defendants. That
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thirty day period has since passed, and plaintiff has not responded in any way to the court’s order.
IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See
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Fed. R. Civ. P. 41(b).
These findings and recommendations will be 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, plaintiff may file written objections
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with the court. The document should be captioned “Objections to Findings and
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Recommendations.” Plaintiff is advised that failure to file objections within the specified time
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may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th
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Cir. 1991).
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Dated: July 18, 2013
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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kirk0734.fusm
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