Mullens v. Ferrara et al

Filing 8

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/29/17 ORDERING the Clerk of the Court assign a District Judge to this case. U.S. District Judge Morrison C. England Jr. randomly assigned to this case. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England Jr. 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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KENNETH C. MULLENS,

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Plaintiff,

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v.

No. 2:17-cv-1142 CKD P

ORDER AND

THOMAS FERRARA, et al.,

FINDINGS AND RECOMMENDATIONS

Defendants.

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On September 20, 2017, the court ordered plaintiff to complete and return to the court,

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within thirty days, the USM-285 forms necessary to effect service on defendants Grapentine and

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Holtzman. That thirty day period has passed, and plaintiff has not responded to the court’s order.

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In accordance with the above IT IS HEREBY ORDERED that the Clerk of the Court
assign a district court judge to this case; 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

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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

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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: November 29, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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mull1142.fusm

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