Opinion
No. CIV S-04-1603 GEB DAD P.
February 15, 2006
FINDINGS RECOMMENDATIONS
By an order filed January 5, 2006, this court granted plaintiff an additional thirty days to complete the documents necessary to effect service on defendants Mangis and Diggins. The thirty day period has since passed, and plaintiff has not responded in any way to the court's order.
IT IS HEREBY RECOMMENDED that plaintiff's claims against defendants Mangis and Diggins be dismissed without prejudice.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)(l). Within twenty 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).