(PC) Jayne v. Van Buskirk, et al., No. 2:2011cv01448 - Document 18 (E.D. Cal. 2012)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/30/2011 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections due within 21 days. (Yin, K)
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(PC) Jayne v. Van Buskirk, et al. Doc. 18 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MIKE JAYNE, 11 12 13 14 15 16 Plaintiff, No. 2: 11-cv-1448 GEB KJN P vs. DONALD VAN BUSKIRK, et al., Defendants. FINDINGS AND RECOMMENDATIONS / Two recent court orders were served on plaintiff’s address of record and returned 17 by the postal service with the notation that delivery had been refused. (Dkt. Nos. 16, 17.) The 18 Clerk of the Court re-served these orders on plaintiff. The orders were again returned with the 19 notation that delivery had been refused. 20 21 22 23 Based on plaintiff’s repeated refusal to accept orders properly served on him, the undersigned recommends that this action be dismissed. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; 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, plaintiff may file written 1 Dockets.Justia.com 1 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 2 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 3 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 4 F.2d 1153 (9th Cir. 1991). 5 DATED: December 30, 2011 6 7 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 8 9 ja1448.33 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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