(PC) Bacha v. Chavez ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SAMMY BACHA, No. 2:22-cv-00652-DJC-CKD P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 CHAVEZ, et al., 15 Defendants. 16 17 By order filed April 26, 2023, this court directed plaintiff to complete and return to the 18 court, within sixty days, the USM-285 forms necessary to effect service on defendants Martin and 19 Chavez. ECF No. 22. That sixty day period has since passed, and plaintiff has not responded in 20 any way to the court’s order. 21 IT IS HEREBY RECOMMENDED that defendants Martin and Chavez be dismissed from 22 this action without prejudice.1 See Fed. R. Civ. P. 41(b). 23 These findings and recommendations will be submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 25 after being served with these findings and recommendations, plaintiff may file written objections 26 27 1 This case is still proceeding against defendants Lamott and Frietas on Eighth Amendment claims of deliberate indifference to plaintiff’s health and safety. See ECF Nos. 14 (screening 28 order), 25 (Answer by Frietas, Lamott). 1 | with the court. The document should be captioned “Objections to Findings and 2 || Recommendations.” Plaintiff is advised that failure to file objections within the specified time 3 || may waive the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th 4} Cir. 1991). 5 | Dated: July 11, 2023 Card ft 4 by ae 6 CAROLYN K DELANEY? 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 1] 12 13 12/bach0652.fusm 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28