(PC) Watkins v. Singh et al, No. 2:2013cv00416 - Document 26 (E.D. Cal. 2013)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/24/13 recommending that defendants Lieu and Steevers be dismissed without prejudice. Referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NOEL KEITH WATKINS, 12 Plaintiff, 13 14 15 v. No. 2:13-cv-0416 WBS CKD P FINDINGS AND RECOMMENDATIONS VAMIL SINGH, et al., Defendants. 16 17 On June 3, 2013, the court found that service of process was appropriate for defendants 18 Bick, Dillon, Lieu and Steevers. The court ordered that plaintiff complete the forms necessary for 19 service of process and return them to the court within 30 days. Although defendants Bick and 20 Dillon waived service and have answered the complaint, plaintiff has been unable to complete the 21 forms necessary for service of defendants Lieu and Steevers because he is unable to ascertain a 22 current address for either defendant. Because it does not appear that service of process with 23 respect to defendants Lieu or Steevers is likely to occur, the court will recommend that they be 24 dismissed without prejudice. See Fed R. Civ. P. 4(m). 25 26 Accordingly, IT IS HEREBY RECOMMENDED that defendants Lieu and Steevers be dismissed without prejudice. 27 These findings and recommendations are submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 1 1 after being served with these findings and recommendations, any party may file written 2 objections with the court and serve a copy on all parties. Such a document should be captioned 3 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 4 objections shall be served and filed within fourteen days after service of the objections. The 5 parties are advised that failure to file objections within the specified time may waive the right to 6 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 7 Dated: December 24, 2013 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 watk0416.fts 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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