LeBlanc v. Paik

Filing 10

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 2/13/2018 DIRECTING the Clerk to randomly assign a U.S. District Judge. Judge Troy L. Nunley assigned. It is hereby RECOMMENDED that this action be dismissed without prejudice for failure to prosecute. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Fabillaran, J)

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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 ANTOINE LEBLANC, 12 Plaintiff, 13 14 No. 2:16-cv-3010 AC P v. ORDER and PAIK, 15 FINDINGS AND RECOMMENDATIONS Defendant. 16 By an order filed November 22, 2017, this court ordered plaintiff to complete and return 17 18 to the court, within thirty days, the USM-285 form necessary to effect service on defendant. ECF 19 No. 6. After the thirty day period passed without any response from plaintiff, he was given an 20 additional twenty-one days to submit the necessary service documents and warned that failure to 21 do so would result in a recommendation that this case be dismissed. ECF No. 9. Twenty-one 22 days have now passed and plaintiff has not returned the required paperwork or otherwise 23 responded to this court’s order. Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall randomly assign a 24 25 district judge to this action. IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice for 26 27 failure to prosecute. See Fed. R. Civ. P. 41(b). 28 //// 1 1 These findings and recommendations will be submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 3 after being served with these findings and recommendations, plaintiff may file written objections 4 with the court. The document should be captioned “Objections to Findings and 5 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 6 may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 7 Cir. 1991). 8 DATED: February 13, 2018 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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