Ennis v. Hayes et al

Filing 14

ORDER; FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/27/16 ORDERING that the October 28, 2016 findings andrecommendations (ECF No. 13 ) are VACATED; it is RECOMMENDED that this action be dismissed without prejudice. Referred to Judge John A. Mendez; 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 JOSEPH L. ENNIS, 12 No. 2: 14-cv-2171 JAM KJN P Plaintiff, 13 v. 14 J. HAYES, et al., 15 FINDINGS AND RECOMMENDATIONS Defendants. 16 By an order filed October 28, 2016, this court ordered plaintiff to complete and return to 17 18 the court, within thirty days, the USM-285 forms necessary to effect service on defendants. That 19 thirty day period has since passed, and plaintiff has not responded in any way to the court’s order. 20 Accordingly, the undersigned recommends that this action be dismissed. 21 On October 28, 2016, the undersigned also recommended that plaintiff’s claims against 22 defendants Hayes, Dacio, Saeturn, Stein, Dobbs, Jorpy, Dr. Nangalam and Joseph be dismissed 23 without leave to amend. (ECF No. 13.) Because the undersigned herein recommends that this 24 action be dismissed, the October 28, 2016 findings and recommendations are vacated as 25 unnecessary. Accordingly, IT IS HEREBY ORDERED that the October 28, 2016 findings and 26 27 recommendations (ECF No. 13) are vacated; 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: December 27, 2016 11 12 13 14 En2171.fusm kc 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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