Haraszewski v. Knipp

Filing 146

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 11/18/20 RECOMMENDING that defendant Garcia be dismissed from this action without prejudice. Referred to Judge John A. Mendez. Objections due within 30 days.(Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

H. DYMITRI HARASZEWSKI,

12

Plaintiff,

13
14

No. 2:13-cv-2494 JAM DB P

v.

FINDINGS AND RECOMMENDATIONS

KNIPP, et al.,

15

Defendants.

16
17

Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. §

18

1983. In an order filed August 12, 2020, this court gave plaintiff thirty days to provide an address

19

for service on defendant Garcia or show cause why defendant Garcia should not be dismissed

20

from this action. (ECF No. 133.) This court noted that it had enlisted the aid of defendants’

21

counsel in locating Garcia and, after counsel was unable to find an address for Garcia, gave

22

plaintiff a substantial period of time to do so. In addition, plaintiff has been granted additional

23

time to comply with the August 12 order. (See ECF Nos. 139, 142.) Plaintiff’s deadline to

24

comply with the August 12 order was November 10. Plaintiff has not filed a response.

25

Plaintiff was warned that if he failed to provide an address for Garcia or show cause why

26

Garcia should not be dismissed, this court would recommend defendant Garcia be dismissed

27

without prejudice.

28

////
1

1
2
3

Accordingly, IT IS HEREBY RECOMMENDED that defendant Garcia be dismissed
from this action without prejudice.
These findings and recommendations will be submitted to the United States District Judge

4

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

5

being served with these findings and recommendations, either party may file written objections

6

with the court. The document should be captioned “Objections to Magistrate Judge's Findings

7

and Recommendations.” The parties are advised that failure to file objections within the specified

8

time may result in waiver of the right to appeal the district court’s order. Martinez v. Ylst, 951

9

F.2d 1153 (9th Cir. 1991).

10

Dated: November 18, 2020

11
12
13
14
15
16
17
18
19
20

DLB:9
DLB1/prisoner-civil rights/hara2494.garcia dism fr

21
22
23
24
25
26
27
28
2