Ricker v. California Department of Corrections Medical Department et al
ORDER ADOPTING 28 FINDINGS AND RECOMMENDATIONS, Dismissing Defendants Alaape and Tellorbes signed by District Judge Lawrence J. O'Neill on 08/05/2011. (Flores, E)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
PHILLIP T. RICKER,
ORDER ADOPTING FINDINGS AND
DEFENDANTS ALAAPE AND TELLORBES
CA L I FORNIA DEPARTME NT O F FROM ACTION
DEPARTMENT, et al.,
(ECF No. 28)
Plaintiff Phillip T. Ricker (“Plaintiff”), an inmate in the custody of the California
Department of Corrections and Rehabilitation (“CDCR”), is proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
This action proceeds on Plaintiff’s Complaint, filed August 14, 2009, against
Defendants LVN Tellorbes, Sgt. Anderson, RN Hicks, La Vinn, LVN E. Lopez, C/O Stinger,
LVN Alaape, and C/O Lambert for deliberate indifference to Plaintiff’s medical needs in
violation of the Eighth Amendment. (ECF No. 1.) Because Plaintiff is proceeding in forma
pauperis, the Court appointed the United States Marshal to serve each Defendant with a
summons and Complaint. Fed. R. Civ. Pro. 4(c)(2). The summonses for Defendants
Tellorbes and Alaape were returned to the Court unexecuted. (ECF No. 23.) The Court
then ordered that Plaintiff provide additional information to assist the Marshal in
effectuating service. (ECF No. 25.) Plaintiff failed to respond to the Order. Thus, the
Magistrate Judge recommended dismissal of Defendants Tellorbes and Alaape from the
action. (ECF No. 28.) No objections to the Findings and Recommendation were filed.
The matter was referred to a United State Magistrate Judge pursuant to 28 U.S.C.
§ 636(b)(1)(B) and Local Rule 302. On June 6, 2011, the Magistrate Judge filed a Findings
and Recommendation recommending that Defendants Tellorbes and Alaape be dismissed
from the action for failure to serve. (ECF No. 28.) The Magistrate Judge found that
Plaintiff had failed to fulfill his burden of providing the Marshal’s service with sufficient
information to serve a defendant. (Id.)
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has
conducted a de novo review of this case. Having carefully reviewed the entire file, the
Court finds the Findings and Recommendation to be supported by the record and by
Accordingly, IT IS HEREBY ORDERED that:
The Findings and Recommendation, filed June 6, 2011, is ADOPTED;
Defendant Tellorbes is DISMISSED from the action; and
Defendant Alaape is DISMISSED from the action.
IT IS SO ORDERED.
August 5, 2011
/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE
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