(PC) Blakeney v. Rio Consumnes Correctional Center

Filing 13

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 9/14/2020 ORDERING Clerk to appoint a district judge to this action and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)

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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 KEY BLAKENEY, 12 Plaintiff, 13 14 15 No. 2: 20-cv-1270 KJN P v. ORDER AND FINDINGS AND RECOMMENDATIONS RIO CONSUMNES CORRECTIONAL CENTER, Defendant. 16 17 By an order filed August 3, 2020, this court ordered plaintiff to complete and return to the 18 19 court, within thirty days, the USM-285 forms necessary to effect service on defendants. That 20 thirty days period has since passed, and plaintiff has not responded in any way to the court’s 21 order. 22 23 24 25 26 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall appoint a district judge to this action; and 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 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, plaintiff may file written objections 1 1 with the court. The document should be captioned “Objections to Findings and 2 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 3 may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 4 Cir. 1991). 5 Dated: September 14, 2020 6 7 8 9 Blak1270.fusm 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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