(PC) Turner v. Spence, et al, No. 2:2007cv00022 - Document 56 (E.D. Cal. 2008)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 2/1/08 RECOMMENDING that dft Tony be dismissed from this action without prejudice. Case referred to Judge Karlton. (Kastilahn, A)
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(PC) Turner v. Spence, et al Doc. 56 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY RICHARDO TURNER, 11 12 Plaintiff, No. CIV S-07-0022 LKK GGH P vs. 13 OFFICER SPENCE, et al., 14 Defendants. 15 16 FINDINGS & RECOMMENDATIONS / By an order filed October 22, 2007, this court ordered plaintiff to complete and 17 return to the court, within thirty days, the USM-285 forms necessary to effect service on 18 defendant Tony. That thirty day period has since passed, and plaintiff has not responded in any 19 way to the court’s order. 20 21 22 IT IS HEREBY RECOMMENDED that defendant Tony be dismissed from this action without prejudice. See Fed. R. Civ. P. 41(b). These findings and recommendations will be submitted to the United States 23 District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 24 twenty days after being served with these findings and recommendations, plaintiff may file 25 written objections with the court. The document should be captioned “Objections to Findings 26 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 1 Dockets.Justia.com 1 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 2 (9th Cir. 1991). 3 DATED: 02/01/08 /s/ Gregory G. Hollows 4 UNITED STATES MAGISTRATE JUDGE 5 GGH:035 6 turn0022.fusm 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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