Alford v. Dang, et al.

Filing 21

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 09/08/16 recommending that this action be dismissed. Referred to Judge Kimberly J. Mueller. 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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TRACY FIDEL ALFORD,

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Plaintiff,

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v.

No. 2:14-cv-714-KJM-EFB P

FINDINGS AND RECOMMENDATIONS

LAM DANG, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. On July 28, 2016, the court screened plaintiff’s amended complaint pursuant to

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28 U.S.C. § 1915A. The court found service appropriate as to plaintiff’s Eighth Amendment

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claim against defendant Cloug, and granted plaintiff thirty days to either return documents

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necessary to effect service of process on defendant Cloug, or to file an amended complaint to cure

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the deficiencies identified in the other claims. ECF No. 20. The order warned plaintiff that

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failure to comply would result in a recommendation that this action be dismissed. The time for

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acting has passed and plaintiff has not submitted the materials necessary for service, has not filed

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an amended complaint, or otherwise responded to the court’s order.

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Accordingly, it is hereby RECOMMENDED that this action be DISMISSED. Fed. R.
Civ. P. 41(b); E. D. Cal. Local Rule 110.

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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 fourteen days

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after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections

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within the specified time may waive the right to appeal the District Court’s order. Turner v.

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Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: September 8, 2016.

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