(PC) Benyamini v. Harris et al, No. 2:2009cv02462 - Document 21 (E.D. Cal. 2010)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 08/25/10 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 case. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England Jr. Objections due within 21 days. (Plummer, M)
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(PC) Benyamini v. Harris et al Doc. 21 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT P. BENYAMINI, 11 12 13 14 15 Plaintiff, No. CIV S-09-2462 DAD P vs. J.D. HARRIS, et al., ORDER AND Defendants. FINDINGS & RECOMMENDATIONS / 16 By order filed June 28, 2010, this court ordered plaintiff to complete and return to 17 the court, within thirty days, the USM-285 forms necessary to effect service on defendants. That 18 thirty day period has since passed, and plaintiff has not responded in any way to the court’s order. 19 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to 20 21 22 randomly assign a United States District Judge to this action. Also, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. P. 41(b). 23 These findings and recommendations are submitted to the United States District 24 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within twenty- 25 one days after being served with these findings and recommendations, plaintiff may file written 26 objections with the court and serve a copy on all parties. Such a document should be captioned 1 Dockets.Justia.com 1 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 2 failure to file objections within the specified time may waive the right to appeal the District 3 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 DATED: August 25, 2010. 5 6 7 8 9 DAD:sj beny2462.fusm 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2