(PC) Patton v. Loadholt et al

Filing 83

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/13/2020 RECOMMENDING defendant Sanchez be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served these findings and recommendations. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY L. PATTON,

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Plaintiff,

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No. 2: 19-cv-0451 KJM KJN P

v.

FINDINGS AND RECOMMENDATIONS

F.N.P. LOADHOLT, et al.,

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Defendants.

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By an order filed June 19, 2020, this court ordered plaintiff to complete and return to the

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court, within sixty days, the USM-285 form necessary to effect service on defendant Sanchez.

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(ECF No. 51.) That sixty days period has since passed, and plaintiff did not return the form for

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service of defendant Sanchez.
Accordingly, IT IS HEREBY RECOMMENDED that defendant Sanchez be dismissed

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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: October 13, 2020

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Patt451.fusm(2)

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