(PC) Jones et al v. DeForest, No. 2:2008cv02607 - Document 41 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 8/20/2010 RECOMMENDING that this action be dismissed w/out prejudice. Referred to Judge Morrison C. England, Jr.; Objections due w/in 21 days.(Yin, K)
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(PC) Jones et al v. DeForest Doc. 41 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MALIK JONES, Plaintiff, 11 12 13 No. CIV S-08-2607 MCE KJM P vs. J. MCGUIRE, et al., Defendants. 14 FINDINGS & RECOMMENDATIONS / 15 On July 13, 2010, plaintiff was ordered to complete and return, within twenty 16 17 days, the USM-285 forms necessary to effect service on defendants Lipton, Bainbridge and 18 Follosco. More than twenty days have passed and plaintiff has not submitted the required 19 documents. 20 21 22 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 23 District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 24 twenty-one days after being served with these findings and recommendations, plaintiff may file 25 written objections with the court. The document should be captioned “Objections to Findings 26 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 1 Dockets.Justia.com 1 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 2 (9th Cir. 1991). 3 DATED: August 20, 2010. 4 5 6 1 jone2607.fusm 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2