Gonzalez v. Razo et al

Filing 85

ORDER Adopting 63 Findings and Recommendations, Dismissing Defendant R.N. Rice from this Action without Prejudice, signed by District Judge Dale A. Drozd on 8/4/17. R.N. Rice terminated. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MANUEL ANTONIO GONZALEZ, 12 Plaintiff, 13 v. 14 J. RAZO, et al., 15 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING DEFENDANT R.N. RICE FROM THIS ACTION WITHOUT PREJUDICE Defendants. (Doc. No. 63) 16 17 No. 1:15-cv-01098-DAD-EPG (PC) Manuel Gonzalez (“plaintiff”) is a state prisoner, proceeding with counsel and is the 18 plaintiff in this civil rights action filed pursuant to 42 U.S.C. § 1983, which includes attendant 19 state law claims. This case is currently proceeding on plaintiff’s original pro se complaint, filed 20 July 16, 2015. (Doc. No. 1.) The matter was referred to a United States Magistrate Judge 21 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 On June 14, 2017, the assigned magistrate judge entered findings and recommendations 23 recommending that defendant R.N. Rice be dismissed from this action because of plaintiff’s 24 failure to provide the United States Marshal Service (“the Marshal”) with accurate and sufficient 25 information to effect service of the summons and complaint on that defendant within the time 26 period prescribed by Federal Rule of Civil Procedure 4(m). (Doc. No. 63.). The parties were 27 given twenty-one days to file objections to the findings and recommendations. (Id.). No 28 objections have been filed. 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this 2 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 3 court finds the findings and recommendations to be supported by the record and proper analysis. 4 5 6 7 Accordingly: 1. The findings and recommendations issued on June 14, 2017 (Doc. No. 63), are adopted in full; and 2. Defendant R.N. Rice is dismissed from this action, without prejudice, due to plaintiff’s 8 failure to provide the Marshal with accurate and sufficient information to effect service of 9 the summons and complaint on defendant R.N. Rice within the time period prescribed by 10 11 12 Federal Rule of Civil Procedure 4(m). IT IS SO ORDERED. Dated: August 4, 2017 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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