(PC) Patrick v. Yllera et al, No. 2:2017cv02025 - Document 12 (E.D. Cal. 2018)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/10/2018 ORDERING Clerk to randomly assign a U.S. District Judge to this case and RECOMMENDING this action be dismissed. Assigned and referred to Judge Morrison C. England, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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(PC) Patrick v. Yllera et al Doc. 12 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NICHOLAS PATRICK, 12 No. 2:17-cv-2025-EFB P Plaintiff, 13 v. 14 YLLERA, et al., 15 ORDER AND FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 17 18 U.S.C. § 1983. On July 16, 2018, the court screened plaintiff’s complaint pursuant to 28 U.S.C. 19 § 1915A. The court found service appropriate as to defendants Coder, Vina, Davis, and Yllera, 20 and granted plaintiff thirty days to either return documents necessary to effect service of process 21 on those defendants, or to file an amended complaint to cure the deficiencies identified in the 22 other claims. ECF No. 6. The order warned plaintiff that failure to comply would result in a 23 recommendation that this action be dismissed. The time for acting has passed and plaintiff has 24 not submitted the materials necessary for service, has not filed an amended complaint, or 25 otherwise responded to the court’s order. 26 ///// 27 ///// 28 ///// 1 Dockets.Justia.com 1 2 3 4 Accordingly, it is hereby ORDERED that the Clerk is directed to randomly assign a United States District Judge to this case. Further, it is RECOMMENDED that this action be DISMISSED. Fed. R. Civ. P. 41(b); E. D. Cal. Local Rule 110. 5 These findings and recommendations are submitted to the United States District Judge 6 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 7 after being served with these findings and recommendations, any party may file written 8 objections with the court and serve a copy on all parties. Such a document should be captioned 9 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 10 within the specified time may waive the right to appeal the District Court’s order. Turner v. 11 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 12 DATED: October 10, 2018. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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