(PC) Jones v. Plessas et al, No. 2:2009cv02133 - Document 44 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/9/11 recommending that this action be dismissed without prejudice. Objections to F&R due w/in 14 days. (Matson, R)
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(PC) Jones v. Plessas et al Doc. 44 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MALIK JONES, 11 12 13 14 15 16 Plaintiff, No. 2:09-cv-2133 FCD KJN P vs. C. PLESSAS, et al., Defendants. FINDINGS & RECOMMENDATIONS / By an order filed March 4, 2011, this court ordered plaintiff to complete and 17 return to the court, within sixty days, the USM-285 forms necessary to effect service on 18 defendants Boras, Cosby, Cross, Lorad and Martaines. That sixty day period has since passed, 19 and plaintiff has not responded in any way to the court’s order. 20 21 22 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.” Any response to the objections shall be filed and served within 1 Dockets.Justia.com 1 fourteen days after service of the objections. Plaintiff is advised that failure to file objections 2 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 3 Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 DATED: May 9, 2011 5 6 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 7 8 /jone2133.fus 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2