Jobe v. Sacramento County Jail et al

Filing 5

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)

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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 JEFFREY CLYDE JOBE, 12 13 14 15 No. 2:16-cv-1196 AC Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS SACRAMENTO COUNTY JAIL, et al., Defendants. 16 17 Plaintiff, through his counsel, brought this 42 U.S.C. § 1983 action on June 1, 2016. ECF 18 No. 1. He paid the full filing fee on that date. Id. On May 19, 2017, the court determined that it 19 was not required to screen plaintiff’s complaint, plaintiff was not entitled to rely on the United 20 States Marshal for service, and that service had not been effected within 90 days of the 21 complaint’s filing as required by Federal Rule of Civil Procedure 4(m). ECF No. 3. The court 22 directed plaintiff to effect service on the defendants within twenty-one days and, failing that, to 23 show cause why this action should not be dismissed without prejudice for failure to serve. Id. 24 That deadline has passed and there is no indication, to date, that service on any of the 25 defendants has been executed. Nor has plaintiff submitted any filing indicating what steps he has 26 taken to serve the defendants or why time for service should be extended. Accordingly, the court 27 will recommend dismissal of the defendants without prejudice pursuant to Federal Rule of Civil 28 Procedure 4(m). Plaintiff shall have a final opportunity, by way of his objections (should he 1 1 2 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 3 magistrate judge jurisdiction, the Clerk of Court shall assign a district judge to rule on these 4 findings and recommendations. 5 Additionally, it is RECOMMENDED that: 6 1. 7 Defendants Sacramento County Jail, Sacramento Sheriff, and Sacramento Jail Medical be DISMISSED without prejudice. 8 2. 9 These findings and recommendations are submitted to the United States District Judge 10 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 11 after being served with these findings and recommendations, any party may file written 12 objections with the court and serve a copy on all parties. Such a document should be captioned 13 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 14 within the specified time may waive the right to appeal the District Court’s order. Turner v. 15 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 16 17 The Clerk of Court be directed to close this case. IT IS SO ORDERD. DATED: July 14, 2017 18 19 20 21 22 23 24 25 26 27 28 2

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