Ennis v. Hayes et al
Filing
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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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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JOSEPH L. ENNIS,
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No. 2: 14-cv-2171 JAM KJN P
Plaintiff,
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v.
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J. HAYES, et al.,
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FINDINGS AND RECOMMENDATIONS
Defendants.
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By an order filed October 28, 2016, this court ordered plaintiff to complete and return to
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the court, within thirty days, the USM-285 forms necessary to effect service on defendants. That
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thirty day period has since passed, and plaintiff has not responded in any way to the court’s order.
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Accordingly, the undersigned recommends that this action be dismissed.
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On October 28, 2016, the undersigned also recommended that plaintiff’s claims against
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defendants Hayes, Dacio, Saeturn, Stein, Dobbs, Jorpy, Dr. Nangalam and Joseph be dismissed
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without leave to amend. (ECF No. 13.) Because the undersigned herein recommends that this
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action be dismissed, the October 28, 2016 findings and recommendations are vacated as
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unnecessary.
Accordingly, IT IS HEREBY ORDERED that the October 28, 2016 findings and
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recommendations (ECF No. 13) are vacated;
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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
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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, plaintiff may file written objections
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with the court. The document should be captioned “Objections to Findings and
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Recommendations.” Plaintiff is advised that failure to file objections within the specified time
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may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th
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Cir. 1991).
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Dated: December 27, 2016
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En2171.fusm
kc
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