(PC) Merriman v. Lizarraga et al, No. 2:2017cv01701 - Document 54 (E.D. Cal. 2019)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/25/2019 RECOMMENDING defendants Rodriguez, Ramos and Miana be dismissed from this action without prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 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 DOMINIQUE MERRIMAN, 12 Plaintiff, 13 14 No. 2:17-cv-1701 MCE KJN P v. FINDINGS AND RECOMMENDATIONS JOE LIZARRAGA, et al., 15 Defendants. 16 By an order filed October 10, 2018, this court ordered plaintiff to complete and return to 17 18 the court, within thirty days, the USM-285 forms necessary to effect service on defendants 19 Rodriguez, Ramos and Miana. That thirty-day period has since passed, and plaintiff has not 20 responded in any way to the court’s order. IT IS HEREBY RECOMMENDED that defendants Rodriguez, Ramos and Miana be 21 22 dismissed from this action without prejudice. See Fed. R. Civ. P. 41(b). These findings and recommendations will be submitted to the United States District Judge 23 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 25 after being served with these findings and recommendations, plaintiff may file written objections 26 with the court. The document should be captioned “Objections to Findings and 27 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 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: January 25, 2019 4 5 merr1701.fus 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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