Harrison v. Adams, et al

Filing 244

ORDER ADOPTING 236 FINDINGS AND RECOMMENDATIONS to Dismiss Defendant SW Campos for Insufficient Information to Effect Service of Process signed by District Judge Anthony W. Ishii on 06/10/2015. Campos terminated from action.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL D. HARRISON,

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Plaintiff,
v.

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Case No. 1:08-cv-1065-AWI-MJS (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DISMISS
DEFENDANT SW CAMPOS FOR
INSUFFICIENT INFORMATION TO
EFFECT SERVICE OF PROCESS (ECF
No. 236)

T. MOORE, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 28 U.S.C. § 1983. The action proceeds on Plaintiff’s
Eighth Amendment claims against numerous defendants. (ECF No. 160.) The matter

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was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B)

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and Local Rule 302 of the United States District Court for the Eastern District of

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California.

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On May 13, 2015, the Magistrate Judge issued Findings and Recommendations

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to dismiss Defendant SW Campos because efforts to serve him had proven

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unsuccessful. (ECF No. 236.) Defendants were not able to contact Campos, who has

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left employment with CDCR, and Plaintiff had no information on his whereabouts. (Id.)

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Plaintiff filed objections to the Findings and Recommendations (ECF No. 242) indicating
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he still “has no new information” regarding Campos’ contact information, acknowledging

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that Campos “can’t be located,” yet requesting an “open ended extension of service until

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[sic] we do find [him].” (ECF No. 242.)

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has
conducted a de novo review of this case. Having carefully reviewed the entire file, the
Court finds the Findings and Recommendations to be supported by the record and the

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proper analysis. Plaintiff has had nearly two years to serve Campos (ECF No. 162), has
no information about Campos’ whereabouts, and proposes no reasonable means of

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discovering them. Therefore, the Court sees no benefit to extending indefinitely the time

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to serve Campos.

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Accordingly, it is HEREBY ORDERED that:
1) The Court adopts the findings and recommendations (ECF No. 236), filed May
13, 2015, in full; and

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2) Defendant SW Campos is DISMISSED without prejudice for insufficient
service of process.

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IT IS SO ORDERED.

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Dated: June 10, 2015

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SENIOR DISTRICT JUDGE

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