Coleman v. Virga et al

Filing 45

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 05/10/19 RECOMMENDING that defendant Curren be dismissed. Referred to Judge Kimberly J. Mueller; Objections to F&Rs due within 14 days. (Benson, A.)

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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 ROBERT COLEMAN, 12 No. 2: 17-cv-0851 KJM KJN P Plaintiff, 13 v. 14 T. VIRGA, et al., 15 FINDINGS AND RECOMMENDATIONS Defendants. 16 By an order filed October 11, 2018, this court ordered plaintiff to complete and return to 17 18 the court, within sixty days, the USM-285 forms necessary to effect service on defendant Curren. 19 That sixty days period has since passed, and plaintiff has not responded in any way to the court’s 20 order. Accordingly, IT IS HEREBY RECOMMENDED that defendant Curren be dismissed. 21 22 See Fed. R. Civ. P. 41(b). These findings and recommendations will be submitted to the United States District Judge 23 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 25 after being served with these findings and recommendations, plaintiff may file written objections 26 with the court. The document should be captioned “Objections to Findings and 27 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 28 ///// 1 1 may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 2 Cir. 1991). 3 Dated: May 10, 2019 4 5 6 7 8 Cole851.fusm 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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