Chambers v. Price et al

Filing 28

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 06/21/17 ORDERING the clerk of the court shall assign a district judge to this action. U.S. District Judge Garland E. Burrell randomly assigned to this action. Also, RECOMMENDING that defendant Valadez be dismissed. Referred to Judge Garland E. Burrell. 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 JEROME CHAMBERS, 12 13 14 15 No. 2: 15-cv-2274 KJN P Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS JEROME PRICE, et al., Defendants. 16 17 By an order filed May 5, 2017, this court ordered plaintiff to complete and return to the 18 court, within thirty days, the USM-285 forms necessary to effect service on defendant Valadez. 19 (ECF No. 25.) That thirty day period has since passed, and plaintiff has not responded in any way 20 to the court’s order. Accordingly, defendant Valadez should be dismissed. 21 22 23 24 The Clerk of the Court is directed to assign a district judge to this action. (See ECF No. 4 (plaintiff’s decline to proceed before a U.S. Magistrate Judge).) Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall assign a district judge to this action; and 25 IT IS HEREBY RECOMMENDED that defendant Valadez be dismissed. 26 These findings and recommendations will be submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, plaintiff may file written objections 1 1 with the court. The document should be captioned “Objections to Findings and 2 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 3 may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 4 Cir. 1991). 5 Dated: June 21, 2017 6 7 8 9 10 Cham2274.fusm kc 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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