(PS) McCurn v. Carter, No. 2:2015cv02310 - Document 6 (E.D. Cal. 2015)

Court Description: FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/2/2015 RECOMMENDING that this action be dismissed without prejudice pursuant to Local Rule 110 and F.R.Cv.P. Rule 41(b); REFERRING this matter to Judge Troy L. Nunley; ORDERING that any objections be filed and served within fourteen days. (Michel, G.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 IMANI McCURN, 12 13 14 No. 2:15-cv-2310 TLN CKD PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS ASHTON CARTER, 15 Defendant. 16 17 18 By order filed November 10, 2015, plaintiff was directed to submit to the United States 19 Marshal, within fourteen days, all information needed by the Marshal to effect service of process, 20 including all information required for proper service of summons under Federal Rule of Civil 21 Procedure (i) and to file a statement with the court that said documents had been submitted to the 22 United States Marshal, along with a copy of the information provided to the Marshal. 23 24 25 26 Plaintiff has not filed the requisite statement and has not otherwise responded to the court’s order. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 27 These findings and recommendations are submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 1 1 after being served with these findings and recommendations, any party may file written 2 objections with the court and serve a copy on all parties. Such a document should be captioned 3 “Objections to Magistrate Judge’s Findings and Recommendations.” 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 2, 2015 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 7 8 9 4 mccurn2310.ftc 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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