-DAD (PC) Benyamini v. Forsthy et al, No. 2:2009cv02323 - Document 26 (E.D. Cal. 2011)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 06/08/11 recommending that this action be dismissed without prejudice. Referred to Judge Frank C. Damrell. Objections due within 14 days. (Plummer, M)
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-DAD (PC) Benyamini v. Forsthy et al Doc. 26 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT BENYAMINI, 11 12 13 14 Plaintiff, vs. T. FORSTHY, et al., Defendants. 15 16 No. CIV S-09-2323 FCD DAD P FINDINGS & RECOMMENDATIONS / By an order filed April 28, 2011, 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 defendants. That thirty day period has since passed, and plaintiff has not responded in any way 19 to the court’s order. 20 21 22 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 23 District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 24 fourteen 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.” Any response to the objections shall be filed and served within 1 Dockets.Justia.com 1 fourteen days after service of the objections. Plaintiff is advised that failure to file objections 2 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 3 Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 DATED: June 8, 2011. 5 6 7 8 DAD:4 beny2323.fusm 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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