Jayne v. Buskirk

Full title: MIKE JAYNE, Plaintiff, v. DONALD VAN BUSKIRK, et al., Defendants.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Jan 3, 2012

2:11-cv-1448 GEB KJN P (E.D. Cal. Jan. 3, 2012)

Opinion

MIKE JAYNE, Plaintiff, v. DONALD VAN BUSKIRK, et al., Defendants. No. 2:11-cv-1448 GEB KJN P United States District Court, E.D. California. January 3, 2012

          FINDINGS AND RECOMMENDATIONS

          KENDALL J. NEWMAN, Magistrate Judge.

         Two recent court orders were served on plaintiff's address of record and returned by the postal service with the notation that delivery had been refused. (Dkt. Nos. 16, 17.) The Clerk of the Court re-served these orders on plaintiff. The orders were again returned with the notation that delivery had been refused.

         Based on plaintiff's repeated refusal to accept orders properly served on him, the undersigned recommends that this action be dismissed.

         Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed.R.Civ.P. 41(b).

         These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within twenty-one days after being served with these findings and recommendations, plaintiff may file written objections with the court. The document should be captioned "Objections to Magistrate Judge's 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).