-JFM (PC) Myrick v. Ives et al, No. 2:2010cv01085 - Document 23 (E.D. Cal. 2011)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 9/8/2011 ORDERING that Pltf's 19 and 21 motions to consolidate are DENIED without prejudice. IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections to F&R due within 14 days. (Zignago, K.)
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-JFM (PC) Myrick v. Ives 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 DESHAWN MYRICK, 11 Plaintiff, 12 13 No. CIV 2:10-cv-1085-KJM-JFM (PC) vs. IVES, et al., ORDER AND Defendants. 14 FINDINGS & RECOMMENDATIONS / 15 By an order filed July 28, 2011, this court ordered plaintiff to complete and return 16 17 to the court, within thirty days, the USM-285 forms necessary to effect service on defendant 18 Shank. That thirty day period has since passed, and plaintiff has not responded in any way to the 19 court’s order. 20 21 22 23 24 Accordingly, IT IS HEREBY ORDERED that plaintiff’s April 4, 2011 and June 3, 2011 motions to consolidate are denied without prejudice; 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 25 District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 26 fourteen days after being served with these findings and recommendations, plaintiff may file 1 Dockets.Justia.com 1 written objections with the court. The document should be captioned “Objections to Findings 2 and Recommendations.” Any response to the objections shall be filed and served within 3 fourteen days after service of the objections. Plaintiff is advised that failure to file objections 4 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 5 Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 DATED: September 8, 2011. 7 8 9 10 /014;myri1085.fusm 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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