(PC) Parkison v. Butte County Sheriff's Dept. et al, No. 2:2009cv02257 - Document 19 (E.D. Cal. 2010)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 08/13/10 ORDERING the clerk of the court shall randomly assign a District Judge to this action. U.S. District Judge Morrison C. England Jr. randomly assigned to this action. Also, RECOMMENDING that this action be dismissed without prejudice as to defendant California Forensic Medical Group. Referred to Judge Morrison C. England Jr. Objections due within 21 days. (Plummer, M)
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(PC) Parkison v. Butte County Sheriff's Dept. et al Doc. 19 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GRANT S. PARKINSON et al., 11 Plaintiffs, 12 13 No. CIV S-09-2257 DAD P vs. BUTTE COUNTY SHERIFF’S DEP’T et al., ORDER AND 14 Defendants. 15 FINDINGS & RECOMMENDATIONS / 16 Plaintiffs, Butte County Jail inmates, are proceeding through counsel with a civil 17 rights action pursuant to 42 U.S.C. § 1983. On June 23, 2010, the court ordered plaintiffs to file 18 a second status report within thirty days of that order explaining whether California Forensic 19 Medical Group has been served with plaintiffs’ complaint. The court advised plaintiffs that 20 under Federal Rule of Civil Procedure 4(m), the court – on motion or on its own after giving 21 notice to plaintiff – must dismiss the action without prejudice against that defendant if defendant 22 is not served within 120 days after the complaint is filed. The thirty day period has now expired, 23 and plaintiffs have failed to file any response to the court’s order to show cause. 24 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to 25 randomly assign a United States District Judge to this action. 26 ///// 1 Dockets.Justia.com 1 2 Also, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice as to defendant California Forensic Medical Group. See Fed. R. Civ. P. 4(m). 3 These findings and recommendations are submitted to the United States District 4 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within twenty- 5 one days after being served with these findings and recommendations, plaintiffs 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.” Plaintiffs are advised that 8 failure to file objections within the specified time may waive the right to appeal the District 9 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 DATED: August 13, 2010. 11 12 13 14 DAD:sj park2257.56.serv 15 16 17 18 19 20 21 22 23 24 25 26 2