Curtis v. California Correctional Institution - Tehachapi, et al.
Filing
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FINDINGS and RECOMMENDATIONS Recommending Dismissal of Defendant Camario Pursuant to Rule 4(M) of the Federal Rules of Civil Procedure signed by Magistrate Judge Stanley A. Boone on 11/19/2015. Referred to Judge Ishii; Objections to F&R due by 12/14/2015.(Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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PARNELL CURTIS,
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Plaintiff,
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v.
CALIFORNIA CORRECTIONAL
INSTITUTION, et al.,
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Defendants.
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Case No.: 1:14-cv-00656-AWI-SAB (PC)
FINDINGS AND RECOMMENDATION
RECOMMENDING DISMISSAL OF
DEFENDANT CAMARIO PURSUANT TO
RULE 4(M) OF THE FEDERAL RULES OF CIVIL
PROCEDURE
[ECF Nos. 55, 56]
Plaintiff Parnell Curtis is appearing pro se in this civil rights action pursuant to 42 U.S.C. §
1983.
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This action is proceeding on Plaintiff’s first amended complaint, filed on August 12, 2014,
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against Defendants J.G. Garcia, R.F. Tablas, R.W. Catlin, D.M. Coontz, Camacho/Camario, Mendoza,
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L. Escalante, and I.M. Vera for excessive force in violation of the Eighth Amendment, and against
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Defendants J.G. Garcia and R.F. Tablas for retaliation in violation of the First Amendment.
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After a second attempt to serve Defendant Camario, previously identified by Plaintiff as
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Camacho, the United States marshal was not able to locate or identify Camario and service was
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returned un-executed on September 21, 2015.
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On September 22, 2015, the Court ordered Plaintiff to show cause within thirty days why
Defendant Camario should not be dismissed pursuant to Rule 4(m) of the Federal Rules of Civil
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Procedure. (ECF No. 56.) The thirty day time frame has passed and Plaintiff has failed to respond to
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the order to show cause.
Accordingly, it is HEREBY RECOMMENDED that Defendant Camario be DISMISSED from
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the action pursuant to Rule 4(m) of the Federal Rules of Civil Procedure.
This Findings and Recommendation will be submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one (21)
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days after being served with this Findings and Recommendation, the parties may file written
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objections with the Court. The document should be captioned “Objections to Magistrate Judge’s
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Findings and Recommendation.” The parties are advised that failure to file objections within the
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specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-
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39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).
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IT IS SO ORDERED.
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Dated:
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November 19, 2015
UNITED STATES MAGISTRATE JUDGE
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