(PC) Franklin v. CHCF Stockton Medical Doctor, No. 2:2018cv00943 - Document 17 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/18/2018 RECOMMENDING 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. (Henshaw, R)
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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 ALOYSIUS P. FRANKLIN, 12 Plaintiff, 13 14 15 No. 2:18-cv-0943 MCE KJN P v. FINDINGS AND RECOMMENDATIONS CHCF STOCKTON MEDICAL DOCTOR, et al., Defendants. 16 17 By order filed November 8, 2018, this court ordered plaintiff to complete and return to the 18 19 court, within thirty days, the USM-285 forms necessary to effect service on defendants. That 20 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 21 22 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: December 18, 2018 4 5 /fran0943.fusm 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2