(PC) Bloodworth v. Hamilton, et al.,, No. 2:2009cv03351 - Document 13 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 9/9/2010 RECOMMENDING that this action be dismissed w/out prejudice. Referred to Judge William B. Shubb; Objections due w/in 21 days. (Yin, K)
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(PC) Bloodworth v. Hamilton, et al., Doc. 13 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEREK J. BLOODWORTH, Plaintiff, 11 12 vs. 13 No. CIV S-09-3351 WBS KJM P M. HAMILTON, 14 Defendant. / 15 16 FINDINGS & RECOMMENDATIONS By an order filed May 10, 2010, this court ordered plaintiff to complete and return 17 to the court, within thirty days, the USM-285 form necessary to effect service on defendant 18 Hamilton. The court granted plaintiff an additional thirty days on June 16, 2010. See Docket 19 No. 12. That thirty-day period has since passed, and plaintiff has not responded in any way to 20 the court’s order. 21 22 23 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 24 District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 25 twenty-one days after being served with these findings and recommendations, plaintiff may file 26 written objections with the court. The document should be captioned “Objections to Findings 1 Dockets.Justia.com 1 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 2 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 3 (9th Cir. 1991). 4 DATED: September 9, 2010. 5 6 4 bloo3351.fusm 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2