(PC) Rodriguez v. Morrison et al, No. 2:2010cv01361 - Document 14 (E.D. Cal. 2010)

Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 10/18/2010 ORDERING that a district judge be assigned to this case; and RECOMMENDING that this action be dismissed w/out prejudice. Assigned and Referred to Judge Garland E. Burrell, Jr.; Objections due w/in 14 days.(Yin, K)
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(PC) Rodriguez v. Morrison et al Doc. 14 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSE ANTONIO RODRIGUEZ, Plaintiff, 11 12 vs. 13 No. 2:10-cv-1361 JFM (PC) T. MORRISON, ORDER AND Defendant. 14 FINDINGS & RECOMMENDATIONS / 15 By an order filed August 10, 2010, this court ordered plaintiff to complete and 16 17 return to the court, within thirty days, the USM-285 forms necessary to effect service on 18 defendant. That thirty day period has since passed, and plaintiff has not responded in any way to 19 the court’s order. This actionshould be dismissed without prejudice. Accordingly, IT IS HEREBY ORDERED that a district judge be assigned to this 20 21 22 23 24 case; and 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 25 District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 26 fourteen days after being served with these findings and recommendations, plaintiff may file 1 Dockets.Justia.com 1 written objections with the court. The document should be captioned “Objections to Findings 2 and Recommendations.” Any response to the objections shall be filed and served within 3 fourteen days after service of the objections. Plaintiff is advised that failure to file objections 4 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 5 Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 DATED: October 18, 2010. 7 8 9 10 /014;rodr1361.fusm 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2