Rodriguez v. Baughman et al

Filing 29

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/26/18 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 findings and recommendations. (Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEVEN GARCIA RODRIGUEZ,

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No. 2:18-cv-0655 MCE CKD P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

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DAVID BAUGHMAN, et al.,

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Defendants.

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On August 28, 2018 and October 15, 2018, the court ordered plaintiff to provide the court

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with an address where defendant Dr. John H. Friend could be served with process. Plaintiff has

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provided the court with two different addresses, however the United States Marshal has been

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unable to serve Dr. Friend at either address. Because this action cannot proceed unless defendant

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Dr. Friend is either served with process or waives service, and because it appears plaintiff is

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unaware of Friend’s whereabouts, the court will recommend that this action be dismissed without

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prejudice.

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IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See
Local Rule 110; Fed. R. Civ. P. 41(b).

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These findings and recommendations are 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 after

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being served with these findings and recommendations, plaintiff may file written objections with
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the court. The document should be captioned “Objections to Magistrate Judge’s Findings and

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Recommendations.” Plaintiff is advised that failure to file objections within the specified time

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waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir.

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1991).

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Dated: December 26, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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rodr0655.ns

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