Stewart v. Romero et al

Filing 27

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 9/19/2017 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R 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 RICHARD STEWART, 12 No. 2:16-cv-0447 KJM CKD P Plaintiff, 13 v. 14 ROMERO, et al., 15 FINDINGS AND RECOMMENDATIONS Defendants. 16 On May 31, 2017, the court ordered plaintiff to complete and return to the court the USM- 17 18 285 forms necessary to effect service on five defendants. The time allotted to comply with the 19 terms of the court’s May 31, 2017 order has expired and plaintiff has not filed anything 20 explaining his failure to comply. Accordingly, IT IS HEREBY RECOMMENDED that this 21 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 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 with the court. The document should be captioned “Objections to Findings and 26 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 27 ///// 28 ///// 1 1 may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 2 Cir. 1991). 3 Dated: September 19, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 1 stew0447.fusm(2) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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