(PC) Jackson v. Rallos et al, No. 2:2009cv03234 - Document 21 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 9/8/10 recommending that defendant Noreiga be dismissed without prejudice from this action. Referred to Judge William B. Shubb; Objections to F&R due within 21 days.(Dillon, M)
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(PC) Jackson v. Rallos 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 KEVIN JACKSON, 11 12 13 14 Plaintiff, vs. TESIE R. RALLOS, M.D., et al., Defendants. 15 16 No. 2:09-cv-3234 WBS KJN P FINDINGS & RECOMMENDATIONS / Plaintiff is a state prisoner proceeding through counsel with a civil rights action 17 pursuant to 42 U.S.C. § 1983. On July 1, 2010, plaintiff filed a status report indicating an 18 inability to locate defendant Noreiga. (Id. at 1-2.) Plaintiff stated he is prepared to dismiss 19 defendant Noreiga to avoid delaying the progress of this case. (Id. at 2.) On September 4, 2010, 20 defendants filed their status report. Defendants expressed no objection or opinion on the 21 dismissal of this defendant. 22 23 Accordingly, IT IS HEREBY RECOMMENDED that defendant Noreiga be dismissed without prejudice from this action. Fed. R. Civ. P. 41(b). 24 These findings and recommendations are submitted to the United States District 25 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 26 one days after being served with these findings and recommendations, any party may file written 1 Dockets.Justia.com 1 objections with the court and serve a copy on all parties. Such a document should be captioned 2 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 3 objections shall be filed and served within fourteen days after service of the objections. The 4 parties are advised that failure to file objections within the specified time may waive the right to 5 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 DATED: September 8, 2010 7 8 9 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 10 11 jack3234.57 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2