Rose v. Borca

Filing 6

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/20/2015 ORDERING the Clerk to appoint a District Judge to this action. IT IS RECOMMENDED 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 WILLIAM P. ROSE, 12 13 14 No. 2:15-cv-01290 KJN P Plaintiff, v. ORDER and FINDINGS AND RECOMMENDATIONS DANILLE BORCA, 15 Defendant. 16 17 By order filed July 1, 2015, the undersigned ordered plaintiff to complete and return to the 18 court, within thirty days, the USM-285 form necessary to effect service on defendant Danille 19 Borca. That thirty day period has since passed, and plaintiff has not responded in any way to the 20 court’s order. 21 22 23 24 25 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall appoint a district judge in this action. 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 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, plaintiff may file written objections 28 with the court. The document should be captioned “Objections to Findings and 1 1 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 2 may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 3 Cir. 1991). 4 Dated: August 20, 2015 5 6 /rose1290.fusm 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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