Merriman v. Lizarraga et al

Filing 54

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/25/2019 RECOMMENDING defendants Rodriguez, Ramos and Miana be dismissed from this action without prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DOMINIQUE MERRIMAN,

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Plaintiff,

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No. 2:17-cv-1701 MCE KJN P

v.

FINDINGS AND RECOMMENDATIONS

JOE LIZARRAGA, et al.,

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Defendants.

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By an order filed October 10, 2018, this court ordered plaintiff to complete and return to

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

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Rodriguez, Ramos and Miana. That thirty-day period has since passed, and plaintiff has not

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responded in any way to the court’s order.
IT IS HEREBY RECOMMENDED that defendants Rodriguez, Ramos and Miana be

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dismissed from this action 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: January 25, 2019

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merr1701.fus

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