Hypolite v. Zariora et al

Filing 35

ORDER ADOPTING 28 Findings and Recommendation, Dismissing Defendant Schultz, without prejudice, pursuant to Rule 4(M) of the Federal Rules of Civil Procedure; N. Schultz (Correctional Officer) terminated, signed by District Judge Lawrence J. O'Neill on 04/11/2016. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AVERY HYPOLITE,

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Plaintiff,
v.
R. ZAMORA, et al.,
Defendants.

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Case No.: 1:14-cv-01199-LJO-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATION, DISMISSING
DEFENDANT SCHULTZ, WITHOUT
PREJUDICE, PURSUANT TO RULE 4(M) OF THE
FEDERAL RULES OF CIVIL PROCEDURE
[ECF No. 28]

Plaintiff Avery Hypolite is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.

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On November 10, 2015, the magistrate judge issued a Findings and Recommendation

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recommending dismissal of Defendant N. Schultz for pursuant to Rule 4(m) of the Federal Rules of

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Civil Procedure. (ECF No. 28.) The Findings and Recommendation was served on Plaintiff and

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contained notice that objections were to be filed within thirty days. (Id.) On November 25, 2015,

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Plaintiff filed a motion to compel, and on December 2, 2015, Plaintiff filed objections to the Findings

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and Recommendation. (ECF Nos. 30, 31.)

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On December 8, 2015, Plaintiff’s motion to compel was denied and in the interest of justice

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Plaintiff was granted thirty additional days to provide additional information to assist in the

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identification of Defendant Schultz. (ECF No. 32.) Plaintiff was advised the failure to respond to the

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order and/or failure to provide additional information to assist in the identification of Defendant
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Schultz would result in dismissal of Defendant Schultz pursuant to Rule 4(m) of the Federal Rules of

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Civil Procedure. (Id.) Plaintiff has failed to respond to the Court’s December 8, 2015, and has failed

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to provide additional information to assist in the identification of service of Defendant Schultz.

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Accordingly, Defendant Schultz must be dismissed without prejudice pursuant to Rule 4(m) of the

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Federal Rules of Civil Procedure.

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Based on the foregoing, it is HEREBY ORDERED that:

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FULL;

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The Findings and Recommendation filed on November 10, 2015, is ADOPTED in

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Defendant N. Schultz is DISMISSED from the action without prejudice pursuant to
Rule 4(m) of the Federal Rules of Civil Procedure.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

April 11, 2016

UNITED STATES DISTRICT JUDGE

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