-CKD (PC) Abel v. Martel et al, No. 2:2009cv01749 - Document 38 (E.D. Cal. 2011)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 9/26/11 RECOMMENDING that defendant Rodriguez be dismissed from this action. Referred to Judge John A. Mendez; Objections to F&R due within 21 days.(Dillon, M)
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-CKD (PC) Abel v. Martel et al Doc. 38 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES ABEL, 11 Plaintiff, 12 13 No. CIV-S-09-1749 JAM CKD P vs. MIKE MARTEL, et al., 14 Defendants. 15 FINDINGS & RECOMMENDATIONS / 16 On April 27, 2011, plaintiff was granted sixty days to file a status report regarding 17 service of process on defendant Rodriguez, but no report has been filed. Since process has not 18 been served, and it does not appear that service will take place, IT IS HEREBY 19 RECOMMENDED that defendant Rodriguez be dismissed from this action. 20 These findings and recommendations are submitted to the United States District 21 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 22 one days after being served with these findings and recommendations, plaintiff may file written 23 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 24 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 25 ///// 26 ///// 1 Dockets.Justia.com 1 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 2 F.2d 1153 (9th Cir. 1991). 3 Dated: September 26, 2011 4 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 1/de abel1749.f&r 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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