(PC) Kirk v. Smith et al, No. 2:2013cv00734 - Document 10 (E.D. Cal. 2013)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 07/18/13 recommending that this action be dismissed without prejudice. Referred to Judge John A. Mendez. 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 JOHN MICHAEL KIRK, 12 Plaintiff, 13 14 No. 2:13-cv-0734 JAM CKD P v. FINDINGS AND RECOMMENDATIONS SMITH, et al., 15 Defendants. 16 By an order filed May 31, 2013, this court ordered plaintiff to complete and return to the 17 18 court, within thirty days, the USM-285 forms necessary to effect service on defendants. That 19 thirty day period has since passed, and plaintiff has not responded in any way to the court’s order. IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See 20 21 Fed. R. Civ. P. 41(b). These findings and recommendations will be submitted to the United States District Judge 22 23 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 24 after being served with these findings and recommendations, plaintiff may file written objections 25 with the court. The document should be captioned “Objections to Findings and 26 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 27 ///// 28 ///// 1 1 may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 2 Cir. 1991). 3 Dated: July 18, 2013 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 10 1 kirk0734.fusm 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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