Langston v. Karl

Filing 12

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 2/08/17 recommending that this action be dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WALTER SHANE LANGSTON,

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Plaintiff,

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No. 2:16-cv-2357 JAM AC P

v.

FINDINGS AND RECOMMENDATIONS

G. KAUR, Law Librarian,

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Defendant.

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By order filed December 2, 2016, this court directed plaintiff to complete and return to the

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court, within thirty days, the USM-285 form and two copies of his endorsed complaint necessary

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for the United States Marshal to effect service on defendant Kaur. See ECF No. 7. On December

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15, 2016, plaintiff submitted the USM-285 form but failed to submit copies of his complaint. By

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order filed December 29, 2016, the court again directed plaintiff to submit two copies of his

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endorsed complaint within thirty days. See ECF No. 11. Plaintiff was informed that “[f]ailure to

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return the copies within the specified time period will result in a recommendation that this action

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be dismissed without prejudice.” Id. at 2. The second thirty-day period has passed, and plaintiff

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has not responded in any way to the court’s order.
Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without

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prejudice. See Fed. R. Civ. P. 41(b).

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These findings and recommendations will be submitted to the United States District Judge

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

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

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with the court. The document should be captioned “Objections to Findings and

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Recommendations.” Plaintiff is advised that failure to file objections within the specified time

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may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th

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Cir. 1991).

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DATED: February 8, 2017

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