(PC) Vargas v. Banasurie, No. 2:2018cv02774 - Document 24 (E.D. Cal. 2019)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/11/2019 ORDERING Clerk of Court to appoint a district judge to this action and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Troy L. Nunley. 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 NATHAN VARGAS, 12 Plaintiff, 13 14 No. 2: 18-cv-2774 KJN P v. ORDER AND FINDINGS AND RECOMMENDATIONS THOMAS BANASURIE, 15 Defendant. 16 By an order filed January 4, 2019, this court ordered plaintiff to complete and return to the 17 18 court, within sixty days, the USM-285 form necessary to effect service on defendant Banasurie. 19 That sixty days period has since passed, and plaintiff has not responded in any way to the court’s 20 order. 21 22 23 24 25 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall appoint a district judge to this action; and IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. P. 41(b). These findings and recommendations will be submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, plaintiff may file written objections 28 with the court. The document should be captioned “Objections to Findings and 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 11, 2019 5 6 7 8 Var2774.fusm 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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