Watts v. Ruggiero et al

Filing 12

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 3/21/14 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Troy L. Nunley; Objections to F&R due within 21 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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TIMOTHY WATTS,

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No. 2:13-cv-1749 TLN AC P

Plaintiff,
v.

FINDINGS & RECOMMENDATIONS

M. RUGGIERO, et al.,
Defendants.

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By order filed October 30, 2013, certain parties and claims were dismissed from plaintiff’s

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complaint and plaintiff was granted thirty days to amend. Plaintiff was informed of the

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deficiencies of the complaint, should he choose to seek to amend. Plaintiff was further instructed

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that if he chose not to amend his complaint, and elected instead to proceed on the claims that

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survived screening, he must within thirty days return materials for service on process on the

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defendants against whom he had stated cognizable claims. Plaintiff was provided with the

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requisite service forms. Plaintiff was cautioned that failure to comply would result in a

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recommendation of dismissal of this action. The thirty day period has now long expired, and

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plaintiff has neither filed an amended complaint, nor submitted the forms for service of the

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original complaint. Nor has plaintiff otherwise responded to the court’s order.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).
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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 twenty-one 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 Magistrate Judge’s Findings

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

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

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(9th Cir. 1991).

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DATED: March 21, 2014

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