(PC) Bassett v. Macomber et al, No. 2:2015cv02064 - Document 14 (E.D. Cal. 2016)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/23/16 RECOMMENDING that this action be dismissed. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
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(PC) Bassett v. Macomber et al Doc. 14 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD DEWAYNE BASSETT, 12 Plaintiff, 13 14 No. 2:15-cv-2064-KJM-EFB P v. FINDINGS AND RECOMMENDATIONS JEFF MACOMBER, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. On January 14, 2016, the court screened plaintiff’s complaint pursuant to 28 19 U.S.C. § 1915A. The court found service appropriate as to defendant Alcazar, and granted 20 plaintiff thirty days to either return documents necessary to effect service of process on defendant 21 Alcazar, or to file an amended complaint to cure the deficiencies identified in the other claims. 22 ECF No. 10. The order warned plaintiff that failure to comply would result in a recommendation 23 that this action be dismissed. The time for acting has passed and plaintiff has not submitted the 24 materials necessary for service, has not filed an amended complaint, or otherwise responded to 25 the court’s order. 26 ///// 27 ///// 28 ///// 1 Dockets.Justia.com 1 2 Accordingly, it is hereby RECOMMENDED that this action be DISMISSED. Fed. R. Civ. P. 41(b); E. D. Cal. Local Rule 110, 183(b). 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, any party may file written 6 objections with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 8 within the specified time may waive the right to appeal the District Court’s order. Turner v. 9 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 DATED: March 23, 2016. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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