-KJN (PC) Gant v. McDonald et al, No. 2:2010cv01364 - Document 26 (E.D. Cal. 2011)

Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/3/2011 ORDERING the clerk to assign a district judge to this action; and RECOMMENDING that the claims against dft Robertson be dismissed. Assigned and Referred to Judge Lawrence K. Karlton; Objections due w/in 14 days. (Yin, K)
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-KJN (PC) Gant v. McDonald et al Doc. 26 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TONY AUSTIN GANT, 11 12 Plaintiff, No. 2: 10-cv-1364 KJN P vs. 13 M.D. McDONALD, et al., 14 Defendants. 15 16 ORDER AND FINDINGS & RECOMMENDATIONS / By an order filed February 23, 2011, plaintiff was ordered to complete and return 17 to the court, within sixty days, the USM-285 forms necessary to effect service on defendant 18 Robertson. That sixty day period has since passed, and plaintiff has not responded in any way to 19 the court’s order. 20 21 22 23 24 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall assign a district judge to this action; and IT IS HEREBY RECOMMENDED that the claims against defendant Robertson be dismissed. 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: May 3, 2011 7 8 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 9 10 gan1364.fusm 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2