(PC) Zimmerman v. Rivas et al, No. 2:2010cv00805 - Document 20 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/21/10 recommending that defendants Brown and Haviland be dismissed from this action without prejudice. Referred to Judge John A. Mendez; Objections to F&R due within 21 days.(Dillon, M)
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(PC) Zimmerman v. Rivas et al Doc. 20 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JONATHAN ZIMMERMAN, 11 Plaintiff, 12 vs. 13 No. 2:10-cv-0805 JAM KJN P R. RIVAS, et al., 14 15 16 Defendants. FINDINGS & RECOMMENDATIONS / By an order filed October 12, 2010, 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 Brown and Haviland. That sixty day period has since passed, and plaintiff has not 19 responded in any way to the court’s order. 20 21 22 IT IS HEREBY RECOMMENDED that defendants Brown and Haviland be dismissed from this action 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: December 21, 2010 5 6 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 7 8 /zimm0805.fus 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2