(PC) Benyamini v. Hammer et al, No. 2:2011cv02317 - Document 97 (E.D. Cal. 2015)

Court Description: ORDER signed by District Judge Troy L. Nunley on 10/15/15 ORDERING that the findings and recommendations filed August 27, 2015 (ECF No. 94 ), are adopted in full; and Defendant Howe is dismissed without prejudice for failure to timely effect service of process and failure to follow court orders. See Fed. R. Civ. P. 4(m); Local Rule 110. (Becknal, R)

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(PC) Benyamini v. Hammer et al Doc. 97 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT BENYAMINI, 12 No. 2:11-cv-2317 TLN AC P Plaintiff, 13 v. 14 O’BRIAN, et al., 15 ORDER Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On August 27, 2015, the Magistrate Judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. ECF No. 94. Neither 23 party has filed objections to the findings and recommendations. 24 The Court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the Magistrate Judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 28 1. The findings and recommendations filed August 27, 2015 (ECF No. 94), are adopted in full; and 1 Dockets.Justia.com 1 2. Defendant Howe is dismissed without prejudice for failure to timely effect service of 2 process and failure to follow court orders. See Fed. R. Civ. P. 4(m); Local Rule 110. 3 Dated: October 15, 2015 4 5 Troy L. Nunley United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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