-EFB (PC) Sadiq v. Roberts, No. 2:2009cv01171 - Document 39 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 01/20/11recommending that defendant Roberts be dismissed without prejudice. Referred to Judge Lawrence K. Karlton. Objections due within 14 days. (Plummer, M)

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-EFB (PC) Sadiq v. Roberts Doc. 39 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JABIR SADIQ, Plaintiff, 11 12 13 14 vs. LT. ROBERTS, et al., Defendants. FINDINGS AND RECOMMENDATIONS / 15 16 No. CIV S-09-1171 LKK EFB P Plaintiff is a prisoner proceeding in forma pauperis and without counsel in a civil rights 17 action pursuant to 42 U.S.C. § 1983. Plaintiff’s amended complaint was filed on March 3, 2010, 18 screened by the court on July 2, 2010, and forwarded to the U.S. Marshal for service on 19 defendants on August 5, 2010. 20 On October 27, 2010, process was returned unexecuted because defendant Roberts could 21 not be located. On November 2, 2010, the court directed plaintiff to provide new instructions for 22 service of process upon defendant Roberts and warned plaintiff that Federal Rule of Civil 23 Procedure 4(m) requires that an action be dismissed as to a defendant not served within 120 days 24 after filing the complaint, unless good cause exists. The court further warned plaintiff that 25 failure to provide new instructions for service of process upon defendant Roberts or to show 26 good cause for such failure would result in a recommendation that Roberts be dismissed. See Dockets.Justia.com 1 Fed. R. Civ. P. 4(m) (service of process must be effected within 120 days of the filing of the 2 complaint unless plaintiff demonstrates good cause). 3 4 5 6 The time for acting has passed and plaintiff has not provided new instructions for service of process upon defendant Roberts or otherwise responded to the court’s order. Accordingly, it is hereby RECOMMENDED that defendant Roberts be dismissed without prejudice. 7 These findings and recommendations are submitted to the United States District Judge 8 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 9 after being served with these findings and recommendations, any party may file written 10 objections with the court and serve a copy on all parties. Such a document should be captioned 11 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 12 within the specified time may waive the right to appeal the District Court’s order. Turner v. 13 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 14 DATED: January 20, 2011. 15 16 17 18 19 20 21 22 23 24 25 26 2

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