Hill v. Kernan et al

Filing 30

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 9/20/2018 ORDERING the Clerk to assign a district judge to this case and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K)

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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 KENNETH HILL, 12 13 14 No. 2:16-cv-3020 KJN P Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS SCOTT KERNAN, et al., 15 Defendants. 16 17 By an order filed June 22, 2018, this court ordered plaintiff to complete and return to the 18 court, within thirty days, the USM-285 forms necessary to effect service on defendants Cottrell 19 and Murphy. On August 15, 2018, plaintiff was granted an additional 21 days in which to submit 20 the necessary documents. That period has since passed, and plaintiff has not responded in any 21 way to the court’s order. 22 23 24 25 26 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign a district judge to this case; and IT IS RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. P. 41(b). These findings and recommendations will be submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, plaintiff may file written objections 1 1 with the court. The document should be captioned “Objections to Findings and 2 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 3 may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 4 Cir. 1991). 5 Dated: September 20, 2018 6 7 /hill3020.fusm 8 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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