Perrotte v. Johnson et al

Filing 51

ORDER ADOPTING 47 FINDINGS AND RECOMMENDATIONS; ORDER VACATING the Entry of Default as to the Defendants 34 ,ORDERED that this matter be referred back to Magistrate Judge, signed by Chief Judge Lawrence J. O'Neill on 9/29/16. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEFFREY P. PERROTTE,

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Plaintiff,

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v.
STACEY JOHNSON, et al.,

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Defendants.

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Case No.: 1:15-cv-00026-LJO-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, VACATING THE
ENTRY OF DEFAULT AS TO THE
DEFENDANTS
[ECF Nos. 34, 47]

Plaintiff Jeffrey P. Perrotte is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983.

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The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. §

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636(b)(1)(B) and Local Rule 302. On August 22, 2016, the Magistrate Judge filed a Findings and

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Recommendations which were served on the parties and contained notice that objections were to be

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filed within thirty days. After thirty days have passed and no objections were filed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de

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novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and

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Recommendations to be supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The entry of default as to Defendants Stacey Johnson and Jean LeFlore is VACATED;

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2.

Defendant Johnson and LeFlore’s motion to dismiss the complaint for insufficient
service or process is DENIED;

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3.

complaint is GRANTED;

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4.

Plaintiff is granted additional time to properly serve Defendants in accordance with
Federal Rules of Civil Procedure 4 and, if applicable, California law; and

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Defendant Johnson and LeFlore’s motion to quash service of the summons and

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The matter is referred back to the assigned Magistrate Judge for further proceedings.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

September 29, 2016

UNITED STATES CHIEF DISTRICT JUDGE

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