Stewart v. Romero et al

Filing 23

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 7/6/2017 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

RICHARD STEWART,

12

No. 2:16-cv-0447 KJM CKD P

Plaintiff,

13

v.

14

ROMERO, et al.,

15

FINDINGS AND RECOMMENDATIONS

Defendants.

16
17

On May 31, 2017, the court ordered plaintiff to complete and return to the court, within

18

thirty days, the USM-285 forms necessary to effect service on five defendants. That thirty day

19

period has passed, and plaintiff has not responded to the court’s order.1 Accordingly, IT IS

20

HEREBY RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. P.

21

41(b).
These findings and recommendations will be submitted to the United States District Judge

22
23

assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

24

after being served with these findings and recommendations, plaintiff may file written objections

25
26
27

1

Although it appears from the court’s docket that plaintiff’s copy of the May 31, 2017 order was
returned by the U.S. Postal Service, plaintiff was properly served. It is the plaintiff’s
responsibility to keep the court apprised of his current address at all times. Pursuant to Local
Rule 182(f), service of documents at the record address of the party is fully effective.

28
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: July 6, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10
11

1
stew0447.fusm

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2