(PC) Rodriguez v. Baughman et al, No. 2:2018cv00655 - Document 29 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/26/18 RECOMMENDING that this action be Dismissed without prejudice. Referred to Judge Morrison C. England, Jr. Objections due within 14 days after being served with these findings and recommendations. (Coll, A)
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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 STEVEN GARCIA RODRIGUEZ, 12 13 No. 2:18-cv-0655 MCE CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS 14 DAVID BAUGHMAN, et al., 15 Defendants. 16 17 On August 28, 2018 and October 15, 2018, the court ordered plaintiff to provide the court 18 with an address where defendant Dr. John H. Friend could be served with process. Plaintiff has 19 provided the court with two different addresses, however the United States Marshal has been 20 unable to serve Dr. Friend at either address. Because this action cannot proceed unless defendant 21 Dr. Friend is either served with process or waives service, and because it appears plaintiff is 22 unaware of Friend’s whereabouts, the court will recommend that this action be dismissed without 23 prejudice. 24 25 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen after 28 being served with these findings and recommendations, plaintiff may file written objections with 1 1 the court. The document should be captioned “Objections to Magistrate Judge’s Findings and 2 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 3 waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 4 1991). 5 Dated: December 26, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 1 rodr0655.ns 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2