Opinion
No. 2:16-cv-3010 AC P
02-13-2018
ANTOINE LEBLANC, Plaintiff, v. PAIK, Defendant.
ORDER and FINDINGS AND RECOMMENDATIONS
By an order filed November 22, 2017, this court ordered plaintiff to complete and return to the court, within thirty days, the USM-285 form necessary to effect service on defendant. ECF No. 6. After the thirty day period passed without any response from plaintiff, he was given an additional twenty-one days to submit the necessary service documents and warned that failure to do so would result in a recommendation that this case be dismissed. ECF No. 9. Twenty-one days have now passed and plaintiff has not returned the required paperwork or otherwise responded to this court's order.
Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall randomly assign a district judge to this action.
IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice for failure to prosecute. See Fed. R. Civ. P. 41(b). ////
These findings and recommendations will be submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days after being served with these findings and recommendations, plaintiff may file written objections with the court. The document should be captioned "Objections to Findings and Recommendations." Plaintiff is advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). DATED: February 13, 2018
/s/_________
ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE