Harbridge v. Yates et al

Filing 108

ORDER Adopting Findings And Recommendation And Dismissing Defendants Ferro, Benyamin, And Dishman Pursuant To Rule 4(M) (Docs. 80 , 90 , 93 , 94 , 99 ), signed by District Judge Anthony W. Ishii on 7/9/2015. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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Case No. 1:10-cv-00473-AWI-JLT (PC)
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CHRISTOPHER HARBRIDGE,

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Plaintiff,
v.
YATES, et al.,

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Defendants.

ORDER ADOPTING FINDINGS AND
RECOMMENDATION AND
DISMISSING DEFENDANTS FERRO,
BENYAMIN, AND DISHMAN
PURSUANT TO RULE 4(M)
(Docs. 80, 90, 93, 94, 99)

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Plaintiff, Christopher Harbridge, is a state prisoner proceeding pro se and in forma

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pauperis in this in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred

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to a United States Magistrate Judge pursuant to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 302.

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This action is proceeding under Plaintiff's Second Amended Complaint on a number of claims

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against multiple Defendants. On April 22, 2015, the Magistrate Judge issued a Findings and

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Recommendation to dismiss Defendants Ferro, Benyamin, and Dishman pursuant to Federal Rule

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of Civil Procedure 4(m). (Doc. 99.) The Findings and Recommendation was served that same

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date and allowed for filing of objections within thirty days. (Id.) Plaintiff did not file any
objections.
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 Recommendations to be supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that the Findings and Recommendations, issued

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on April 22, 2015 (Doc. 99), is adopted in full and Defendants Ferro, Benyamin, and Dishman are

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dismissed from this action without prejudice under Federal Rule of Civil Procedure Rule 4(m) as

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they have not been served with summonses in this action.

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IT IS SO ORDERED.

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Dated: July 9, 2015

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SENIOR DISTRICT JUDGE

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