(PC) Acosta v. Cayen
Filing
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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)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CARLOS ACOSTA,
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No. 2: 18-cv-02476 CKD P
Plaintiff,
v.
ORDER and FINDINGS AND
RECOMMENDATIONS
B. CAYEN,
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Defendant.
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Plaintiff, a former state inmate, is proceeding pro se and in forma pauperis in this federal
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civil rights action filed pursuant to 42 U.S.C. § 1983. On May 01, 2019, the court ordered the
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United States Marshal to serve the complaint on defendant B. Cayen. Process was returned
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unserved because the United States Marshal was unable to locate this defendant based on the
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address provided by the CDCR or through additional investigative work. See ECF No. 13. On
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January 08, 2020, plaintiff was ordered to provide additional information to serve this defendant
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within sixty days. That sixty-day period has since passed, and plaintiff has not responded in any
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way to the court’s order.
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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).
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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: November 18, 2020
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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