King v. Wang et al

Filing 14

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 3/24/2015 ORDERING the Clerk to randomly assign a district judge to this action; AND RECOMMENDING that this action be dismissed without prejudice. Assigned and referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)

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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 DAVID KING, 12 Plaintiff, 13 14 No. 2:14-cv-1817 DAD P v. ORDER AND WANG, 15 FINDINGS AND RECOMMENDATIONS Defendant. 16 17 By an order filed November 6, 2014, the court ordered plaintiff to complete and return, 18 within thirty days, the USM-285 form and copies of his complaint which are required to effect 19 service on the defendant Wang. On December 24, 2014, plaintiff submitted the copies of the 20 complaint but failed to provide a complete address for defendant Wang on the USM-285 form. Consequently, by order filed January 6, 2015, the court ordered plaintiff to complete and 21 22 return to the court, within thirty days, the USM-285 form necessary to effect service on defendant 23 Wang, including a complete address. That thirty day period has long since passed, and plaintiff 24 has not responded in any way to the court’s order. In light of the foregoing, IT IS HEREBY ORDERED that the Clerk of the Court shall 25 26 randomly assign a district judge to this action. 27 //// 28 //// 1 1 2 3 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 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, plaintiff may file written objections 6 with the court. The document should be captioned “Objections to Findings and 7 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 8 may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 9 Cir. 1991). 10 Dated: March 24, 2015 11 12 13 14 DAD:10 king1817.fusm 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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