(PC) Francis v. Cate, et al., No. 2:2009cv00640 - Document 23 (E.D. Cal. 2010)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 1/19/2010 RECOMMENDING that dft Snell be dismissed from this action w/out prejudice. Referred to Judge John A. Mendez; Objections to F&R due w/in 21 days. (Yin, K)
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(PC) Francis v. Cate, et al. Doc. 23 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN FRANCIS, 11 Plaintiff, 12 No. CIV S-09-0640 JAM GGH P vs. 13 MATTHEW CATE, et al., 14 Defendants. 15 FINDINGS & RECOMMENDATIONS / 16 By an order filed October 6, 2009, this court ordered plaintiff to complete and 17 return to the court, within sixty days, the USM-285 form and other documents necessary to effect 18 service on defendant Snell. In a letter dated October 11, 2009 (filed in this court on October 15, 19 2009), plaintiff indicated that he would be transferring to Corcoran State Prison the following 20 week and that he might need additional time to locate defendant Snell. He also indicated that he 21 would provide his change of address when able. However, no address change has been 22 forthcoming and some ninety days have passed since issuance of the order permitting plaintiff 23 sixty days to provide the necessary information to effect service of defendant Snell. 24 Accordingly, IT IS HEREBY RECOMMENDED that defendant Snell be 25 dismissed from this action without prejudice. See Fed. R. Civ. P. 41(b). 26 \\\\\ 1 Dockets.Justia.com 1 These findings and recommendations will be submitted to the United States 2 District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 3 twenty-one days after being served with these findings and recommendations, plaintiff may file 4 written objections with the court. The document should be captioned “Objections to Findings 5 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 6 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 7 (9th Cir. 1991). 8 DATED: January 19, 2010 9 /s/ Gregory G. Hollows 10 UNITED STATES MAGISTRATE JUDGE 11 GGH:009/035 12 fran0640.fusm 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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