Kirk v. Smith et al

Filing 10

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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