Cida v. Lee et al

Filing 23

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/5/17 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ADRIAN CIDA, 12 Plaintiff, 13 14 No. 2:13-cv-2289 MCE KJN P v. FINDINGS AND RECOMMENDATIONS BONNIE LEE, M.D., et al., 15 Defendants. 16 17 By an order filed October 13, 2016, this court ordered plaintiff to complete and return to 18 the court, within thirty days, the USM-285 forms necessary to effect service on defendants. On 19 November 28, 2016, plaintiff was granted until December 28, 2016, in which to submit the 20 documents. That date has now passed, and plaintiff has not responded in any way to the court’s 21 order. 22 23 24 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. P. 41(b). These findings and recommendations will be submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, plaintiff may file written objections 27 with the court. The document should be captioned “Objections to Findings and 28 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 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: January 5, 2017 4 5 cida2289.fus 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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