Tucker v. Daszko et al

Filing 32

FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/29/2020 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr. Objections due within 14 days after being served with these F & R's. (Reader, L)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

MARCELLIOUS TUCKER,

12

No. 2:17-cv-1798 MCE KJN P

Plaintiff,

13

v.

FINDINGS AND RECOMMENDATIONS

14

JAROM A. DASZKO, M.D.,

15

Defendant.

16
17

Plaintiff is a former prisoner, proceeding pro se and in forma pauperis. By an order filed

18

May 15, 2020, this court ordered plaintiff to complete and return to the court, within sixty days,

19

the USM-285 forms necessary to effect service on the sole remaining defendant, Dr. Daszko.

20

That sixty-day period has since passed, and plaintiff has not responded in any way to the court’s

21

order.

22
23
24

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

25

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

26

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

27

with the court. The document should be captioned “Objections to Findings and

28

Recommendations.” Plaintiff is advised that failure to file objections within the specified time
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: July 29, 2020

4
5
/tuck1798.fusm

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2