(PC) Payne v. Martin et al, No. 2:2011cv01970 - Document 37 (E.D. Cal. 2012)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/19/12 RECOMMENDING that defendant Martin be dismissed without prejudice. Referred to Judge Lawrence K. Karlton; Objections to F&R due within 14 days.(Dillon, M)
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(PC) Payne v. Martin et al Doc. 37 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LEE THIEL PAYNE, Plaintiff, 11 12 vs. 13 No. 2:11-cv-1970 LKK EFB P J. MARTIN, et al., Defendants. 14 FINDINGS AND RECOMMENDATIONS / 15 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 16 17 U.S.C. § 1983. The U.S. Marshal was unable to effect service of process on defendant Martin 18 based on the information provided by plaintiff. Therefore, on October 17, 2012, the court 19 directed plaintiff to provide new instructions for service. Plaintiff has not provided new 20 instructions or otherwise responded to the court’s order. The court has given plaintiff two 21 opportunities to locate defendant Martin and warned plaintiff that failure to provide new 22 instructions or to show good cause for such failure would result in a recommendation that this 23 action be dismissed as to defendant Martin. See Fed. R. Civ. P. 4(m) (service of process must be 24 effected within 120 days of the filing of the complaint unless plaintiff demonstrates good cause). 25 //// 26 //// 1 Dockets.Justia.com 1 2 Accordingly, it is hereby RECOMMENDED that defendant Martin be dismissed without prejudice. 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, any party may file written 6 objections with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 8 within the specified time may waive the right to appeal the District Court’s order. Turner v. 9 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 DATED: December 19, 2012. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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