(PC) Acosta v. Cayen

Filing 15

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/18/2020 ORDERING the Clerk to assign a district judge to this case and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

CARLOS ACOSTA,

12
13
14

No. 2: 18-cv-02476 CKD P

Plaintiff,
v.

ORDER and FINDINGS AND
RECOMMENDATIONS

B. CAYEN,

15

Defendant.

16
17

Plaintiff, a former state inmate, is proceeding pro se and in forma pauperis in this federal

18

civil rights action filed pursuant to 42 U.S.C. § 1983. On May 01, 2019, the court ordered the

19

United States Marshal to serve the complaint on defendant B. Cayen. Process was returned

20

unserved because the United States Marshal was unable to locate this defendant based on the

21

address provided by the CDCR or through additional investigative work. See ECF No. 13. On

22

January 08, 2020, plaintiff was ordered to provide additional information to serve this defendant

23

within sixty days. That sixty-day period has since passed, and plaintiff has not responded in any

24

way to the court’s order.

25
26
27
28

Accordingly, IT IS HEREBY ORDERED that the Clerk shall assign a district judge to
this case.
IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See
Fed. R. Civ. P. 41(b).
1

1

These findings and recommendations will be submitted to the United States District Judge

2

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

3

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

4

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

5

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

6

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

7

Cir. 1991).

8

Dated: November 18, 2020

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16

12/acos2476.fusm

17
18
19
20
21
22
23
24
25
26
27
28
2