Opinion
No. 2: 12-cv-2154 MCE KJN P
2013-09-27
RICHARD KIMBRO, Plaintiff, v. MIRANDA, et al., Defendants.
FINDINGS AND RECOMMENDATIONS
Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. On February 12, 2013, the court ordered the United States Marshal to serve the complaint on defendants. Process directed to defendant Norman was returned unserved because "resigned, no longer employed at High Desert State Prison."
On March 29, 2013, the court granted plaintiff sixty days to provide additional information for service of defendant Norman. Sixty days passed and plaintiff did not provide further information for service of defendant Norman or otherwise respond to the March 29, 2013 order.
Accordingly, IT IS HEREBY RECOMMENDED that defendant Norman be dismissed without prejudice.
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)(l). Within fourteen days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any response to the objections shall be filed and served within fourteen days after service of the objections. The parties are 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).
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KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE