(PC) Avila v. Moghyuddin et al, No. 2:2017cv01686 - Document 13 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/5/2018 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R due w/in 14 days.(Yin, K)
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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 LARRY AVILA, 12 Plaintiff, 13 14 No. 2:17-cv-01686 MCE CKD P v. FINDINGS AND RECOMMENDATIONS A. MOGHYUDDIN, et al., 15 Defendants. 16 17 By an order filed December 4, 2017, this court ordered plaintiff to complete and return to 18 the 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 ///// 27 ///// 28 ///// 1 1 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 2 may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 3 Cir. 1991). 4 Dated: April 5, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 12/avil1686.fusm.docx 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2