(PC) Jones v. Swingle et al, No. 2:2009cv00619 - Document 45 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/27/2010 RECOMMENDING that dft Reglie be dismissed w/out prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections due w/in 14 days. (Yin, K)
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(PC) Jones v. Swingle et al Doc. 45 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 vs. 12 13 No. CIV S-09-0619 GEB EFB P D. SWINGLE, et al., Defendants. 14 ORDER / 15 Plaintiff is a prisoner proceeding in forma pauperis and without counsel in a civil rights 16 17 action pursuant to 42 U.S.C. § 1983. On June 25, 2010, process was returned unexecuted 18 because defendant Reglie could not be located. On July 16, 2010, the court directed plaintiff to 19 provide new instructions for service of process upon defendant Reglie. Plaintiff has not 20 provided new instructions for service of process upon defendant Reglie or otherwise responded 21 to the court’s order. The court has given plaintiff two opportunities to locate defendant Reglie 22 and warned plaintiff that failure to provide new instructions or to show good cause for such 23 failure would result in a recommendation that this action be dismissed as to that defendant. See 24 Fed. R. Civ. P. 4(m) (Service of process must be effected within 120 days of the filing of the 25 complaint unless plaintiff demonstrates good cause). 26 //// 1 Dockets.Justia.com 1 2 Accordingly, it is hereby RECOMMENDED that defendant Reglie be dismissed without prejudice. 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: October 27, 2010. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2