-CKD (PC) Floyd v. Grannis, No. 2:2008cv02346 - Document 90 (E.D. Cal. 2011)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/30/11 denying 87 Motion for Extension of time. Also, RECOMMENDING that defendant Mikelatos be dismissed without prejudice. Referred to Judge William B. Shubb. Objections due within 21 days. (Plummer, M)
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-CKD (PC) Floyd v. Grannis Doc. 90 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDRE RENE FLOYD, 11 Plaintiff, 12 13 No. CIV S-08-2346 WBS CKD P vs. N. GRANNIS, et al., 14 ORDER AND Defendants. 15 FINDINGS AND RECOMMENDATIONS / 16 Plaintiff is a California prisoner proceeding pro se. On April 7, 2009, the court 17 indicated that service of process is appropriate for defendant Mikelatos. To date, plaintiff has not 18 provided the court with the information necessary to complete service. On December 2, 2011, 19 the court ordered plaintiff to show cause why Mikelatos should not be dismissed. In response to 20 the order to show cause, plaintiff essentially requests 120 more days to locate Mikelatos. 21 However, plaintiff fails to point to anything suggesting he will have any more success locating 22 Mikelatos in the next 120 days than he has had over the last 2 /12 years. 23 Accordingly, IT IS HEREBY ORDERED that plaintiff’s December 19, 2011 24 request for an extension of time to provide the court with the information necessary to serve 25 defendant Mikelatos is denied; and 26 ///// Dockets.Justia.com 1 2 IT IS HEREBY RECOMMENDED that defendant Mikelatos be dismissed without prejudice. 3 These findings and recommendations are submitted to the United States District 4 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 5 one days after being served with these findings and recommendations, plaintiff 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. Martinez v. 9 Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 Dated: December 30, 2011 11 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 12 13 14 1/md 15 16 17 18 19 20 21 22 23 24 25 26 floy2346.36