(PC) Davis v. Walker et al, No. 2:2009cv00832 - Document 25 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/04/10 recommending that this action be dismissed without prejudice. Referred to Judge Frank C. Damrell. Objections due within 21 days. (Plummer, M)
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(PC) Davis v. Walker et al Doc. 25 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ULYSSES DAVIS, JR., 11 Plaintiff, 12 13 No. 2:09-cv-0832 FCD KJN P vs. CHAPLAIN JUMAH, et al., 14 Defendants. 15 FINDINGS & RECOMMENDATIONS / 16 By an order filed August 25, 2010, this court ordered plaintiff to complete and 17 return to the court, within sixty days, the USM-285 form necessary to effect service on sole 18 remaining defendant Jumah.1 That sixty day period has since passed, and plaintiff has not 19 responded in any way to the court’s order. 20 21 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. P. 41(b). 22 23 These findings and recommendations will be submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 24 1 25 26 Although plaintiff initially sued numerous defendants, on September 2, 2009, plaintiff filed an amended complaint naming only defendants Walker, Jumah and Beoke. (Dkt. No. 12.) By order filed June 28, 2010, defendants Walker and Beoke were dismissed from this action. (Dkt. No. 21.) 1 Dockets.Justia.com 1 twenty-one days after being served with these findings and recommendations, plaintiff may file 2 written objections with the court. The document should be captioned “Objections to Findings 3 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 4 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 5 (9th Cir. 1991). 6 DATED: November 4, 2010 7 8 9 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 10 11 /davi0832.fus 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2