(PC) Barksdale v. Juan, et al.

Filing 18

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/14/2020 ORDREING the Clerk to assign a district judge to this case and RECOMMENDING that this action be dismissed without prejudice. Assigned and referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES BARKSDALE, 12 Plaintiff, 13 14 v. No. 2:19-cv-02071 CKD P ORDER and FINDINGS AND RECOMMENDATIONS JUAN, et al., , 15 Defendants. 16 17 By an order filed August 5, 2020, this court ordered plaintiff to complete and return to the 18 court, within sixty days, the USM-285 forms necessary to effect service on defendant. That sixty 19 day period has since passed, and plaintiff has not responded in any way to the court’s order. IT IS HEREBY ORDERED that the Clerk of Court shall assign a district judge to this 20 21 22 23 24 case. 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: October 14, 2020 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 10 11 12/bark2071.fusm.docx 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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