Diaz v. Dixon et al

Filing 11

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 2/7/2018 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Morrison C. England, 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 ROY DIAZ, 12 No. 2:17-cv-1240 MCE CKD P Plaintiff, 13 v. 14 N. DIXON, et al., 15 FINDINGS AND RECOMMENDATIONS Defendants. 16 On December 26, 2017, this court ordered plaintiff to complete and return to the court, 17 18 within thirty days, the USM-285 forms necessary to effect service on defendants Dixon and 19 Farris. That thirty day period has since passed, and plaintiff has not responded in any way to the 20 court’s order. IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See 21 22 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: February 7, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 1 diaz1240.fusm 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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