Langston v. Tyler

Filing 20

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 08/17/17 recommending that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell. 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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No. 2:16-cv-2358 GEB AC P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

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TYLER, Correctional Officer,

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Defendant.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with this civil rights

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action filed pursuant to 42 U.S.C. § 1983. By order filed December 29, 2016, this court directed

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plaintiff to complete and return to the court a completed USM-285 form and two copies of the

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endorsed original complaint so that the U.S. Marshal could serve process on (or obtain a waiver

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from) sole defendant Correctional Officer Tyler. See ECF No. 12. Plaintiff submitted the

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requested materials, indicating that defendant Tyler worked at the California Medical Facility

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(CMF). See ECF No. 14. The Marshal attempted personal service on defendant Tyler at CMF,

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but was informed by the facility Legal Office that “they are unable to determine who C/O Tyler

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is.” ECF No. 17.

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Thereafter, by order filed March 3, 2017, this court directed plaintiff to complete and

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return to the court, within thirty days, a newly completed USM-285 form providing the correct

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information to serve process on defendant Tyler, and two copies of the endorsed complaint. See
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ECF No. 18. The court informed plaintiff that “[f]ailure to timely provide the identified

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documents will result in a recommendation that this action be dismissed without prejudice.” Id.

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at 2. That deadline passed several months ago. Although plaintiff filed a notice of change of

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address on August 15, 2017, see ECF No. 19, he has not responded to the court’s March 3, 2017

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order.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice. See Fed. R. Civ. P. 41(b).

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These findings and recommendations are 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 (14)

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

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objections 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: August 17, 2017

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