(PC)Baker v. Marsh et al, No. 2:2012cv00663 - Document 11 (E.D. Cal. 2012)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 12/3/2012 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)
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(PC)Baker v. Marsh et al Doc. 11 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 11 JERRY W. BAKER, Plaintiff, 12 13 vs. 14 No. 2:12-cv-0663 KJM AC P C/O JANES, et al., 15 Defendants. / 16 17 FINDINGS AND RECOMMENDATIONS On August 13, 2012, plaintiff was ordered to complete and return 18 to the court, within thirty days, the USM-285 form necessary to effect service on defendant 19 Janes. That thirty-day period has since passed, and plaintiff has not responded in any way to the 20 order. Subsequently, by order filed on September 19, 2012, the other defendants in this action 21 were dismissed. 22 23 24 Accordingly, 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: December 3, 2012. /s/ ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE 7 8 9 10 AC:009 bake0663.fusm 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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