Jobe v. Sacramento County Jail et al
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 7/14/2017 ORDERING Clerk to assign a district judge and RECOMMENDING that defendants Sacramento County Jail, Sacramento Sheriff, and Sacramento Jail Medical be dismissed without prejudice and the Clerk be directed to close the case. Assigned and referred to Judge Garland E. Burrell, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
JEFFREY CLYDE JOBE,
No. 2:16-cv-1196 AC
ORDER AND FINDINGS AND
SACRAMENTO COUNTY JAIL, et al.,
Plaintiff, through his counsel, brought this 42 U.S.C. § 1983 action on June 1, 2016. ECF
No. 1. He paid the full filing fee on that date. Id. On May 19, 2017, the court determined that it
was not required to screen plaintiff’s complaint, plaintiff was not entitled to rely on the United
States Marshal for service, and that service had not been effected within 90 days of the
complaint’s filing as required by Federal Rule of Civil Procedure 4(m). ECF No. 3. The court
directed plaintiff to effect service on the defendants within twenty-one days and, failing that, to
show cause why this action should not be dismissed without prejudice for failure to serve. Id.
That deadline has passed and there is no indication, to date, that service on any of the
defendants has been executed. Nor has plaintiff submitted any filing indicating what steps he has
taken to serve the defendants or why time for service should be extended. Accordingly, the court
will recommend dismissal of the defendants without prejudice pursuant to Federal Rule of Civil
Procedure 4(m). Plaintiff shall have a final opportunity, by way of his objections (should he
choose to file any), to show cause as to why his failure to serve should be excused.
IT IS THEREFORE ORDERED that, in light of the fact that plaintiff has not consented to
magistrate judge jurisdiction, the Clerk of Court shall assign a district judge to rule on these
findings and recommendations.
Additionally, it is RECOMMENDED that:
Defendants Sacramento County Jail, Sacramento Sheriff, and Sacramento Jail
Medical be DISMISSED without prejudice.
These findings and recommendations are submitted to the United States District Judge
assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
after being served with these findings and recommendations, any party may file written
objections with the court and serve a copy on all parties. Such a document should be captioned
“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections
within the specified time may waive the right to appeal the District Court’s order. Turner v.
Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
The Clerk of Court be directed to close this case.
IT IS SO ORDERD.
DATED: July 14, 2017
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