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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TRACY FIDEL ALFORD, 12 Plaintiff, 13 14 v. No. 2:14-cv-714-KJM-EFB P FINDINGS AND RECOMMENDATIONS LAM DANG, et al., 15 Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 17 18 U.S.C. § 1983. On July 28, 2016, the court screened plaintiff’s amended complaint pursuant to 19 28 U.S.C. § 1915A. The court found service appropriate as to plaintiff’s Eighth Amendment 20 claim against defendant Cloug, and granted plaintiff thirty days to either return documents 21 necessary to effect service of process on defendant Cloug, or to file an amended complaint to cure 22 the deficiencies identified in the other claims. ECF No. 20. The order warned plaintiff that 23 failure to comply would result in a recommendation that this action be dismissed. The time for 24 acting has passed and plaintiff has not submitted the materials necessary for service, has not filed 25 an amended complaint, or otherwise responded to the court’s order. 26 ///// 27 ///// 28 ///// 1 1 2 Accordingly, it is hereby RECOMMENDED that this action be DISMISSED. Fed. R. Civ. P. 41(b); E. D. Cal. Local Rule 110. 3 These findings and recommendations are 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 fourteen days 5 after being served with these findings and recommendations, any party may file written 6 objections with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 8 within the specified time may waive the right to appeal the District Court’s order. Turner v. 9 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 DATED: September 8, 2016. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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