(PC) Johnson v. Sylvan ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALFRED NORMAN JOHNSON, III, No. 2:18-cv-1929-TLN-EFB P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 SYLVAN, et al., 15 Defendants. 16 17 Plaintiff is a former state prisoner proceeding without counsel in an action brought under 18 42 U.S.C. § 1983. On March 20, 2020, the court screened plaintiff’s complaint pursuant to 28 19 U.S.C. § 1915(e)(2). The court found service appropriate as to defendant Sylvan on a First 20 Amendment retaliation claim and granted plaintiff thirty days to return documents necessary to 21 effect service of process. ECF No. 13. The order warned plaintiff that failure to comply could 22 result in a recommendation that this action be dismissed. The time for acting has passed and 23 plaintiff has not submitted the documents necessary for service or otherwise responded to the 24 court’s order. 25 Accordingly, it is RECOMMENDED that this action be DISMISSED. Fed. R. Civ. P. 26 41(b); E. D. Cal. L.R. 110. 27 These findings and recommendations are submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 6. L0°UV PRINCE BP MVVUEEIOCTIL tu POO eOrer oe 1 | after being served with these findings and recommendations, any party may file written 2 || objections with the court and serve a copy on all parties. Such a document should be captioned 3 || “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 4 | within the specified time may waive the right to appeal the District Court’s order. Turner v. 5 || Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 6 | DATED: April 28, 2020. 7 tid, PDEA g EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28