Bell v. City of Vallejo et al

Filing 6

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/21/2017 ORDERING Clerk of Court to assign a District Judge to this action and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Garland E. Burrell, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)

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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 M. BELL, 12 13 14 15 No. 2: 17-cv-0949 KJN P Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS CITY OF VALLEJO, et al., Defendants. 16 17 By an order filed May 12, 2017, this court ordered plaintiff to either file an amended 18 complaint or complete and return to the court, within thirty days, the USM-285 forms necessary 19 to effect service on defendants. That thirty day period has since passed, and plaintiff has not 20 responded in any way to the court’s order. 21 22 23 24 25 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall assign a district judge to this action; and IT IS HEREBY 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 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, plaintiff may file written objections 28 with the court. The document should be captioned “Objections to Findings and 1 1 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 2 may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 3 Cir. 1991). 4 Dated: June 21, 2017 5 6 7 8 Bell949.dis 9 kc 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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