Scally v. Arsaunt et al

Filing 29

ORDER DISMISSING Defendant Berry from this action; Clerk to Terminate Defendant Berry, signed by District Judge Anthony W. Ishii on 8/2/17. Berry (Sergeant at Corcoran State Prison) terminated. (Martin-Gill, S)

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1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 TONY EUGENE SCALLY, 5 6 7 Plaintiff, Case No. 1:16-cv-01237-AWI-MJS ORDER DISMISSING “BERRY” FROM ACTION DEFENDANT v. CLERK TO TERMINATE DEFENDANT BERRY N. ARSUANT, 8 Defendant. 9 10 11 Plaintiff is a prisoner proceeding pro se and in forma pauperis in this civil rights 12 action brought pursuant to 42 U.S.C. § 1983. The action proceeds on Plaintiff’s First 13 Amendment religious exercise and Fourteenth Amendment Equal Protection claims 14 against Defendants Sergeants Arsaunt and Berry of California State Prison (“CSP”) in 15 Corcoran, California. 16 After the United States Marshal made several unsuccessful attempts to serve 17 Defendant Berry (see ECF Nos. 18 & 20), on June 27, 2017, the Magistrate Judge 18 assigned to the case directed Plaintiff to show cause within fourteen days why 19 Defendant Berry should not be dismissed based on inability to effect service on him. 20 (ECF No. 26.) To date, Plaintiff has failed to respond. 21 Accordingly, IT IS HEREBY ORDERED that Defendant Berry is DISMISSED from 22 the action, without prejudice, and the Clerk is DIRECTED to terminate Defendant Berry 23 from the action. 24 25 26 27 28 IT IS SO ORDERED. Dated: August 2, 2017 SENIOR DISTRICT JUDGE

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