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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TONY EUGENE SCALLY,

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Plaintiff,

Case No. 1:16-cv-01237-AWI-MJS
ORDER
DISMISSING
“BERRY” FROM ACTION

DEFENDANT

v.
CLERK TO TERMINATE DEFENDANT
BERRY

N. ARSUANT,

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Defendant.

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Plaintiff is a prisoner proceeding pro se and in forma pauperis in this civil rights

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action brought pursuant to 42 U.S.C. § 1983. The action proceeds on Plaintiff’s First

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Amendment religious exercise and Fourteenth Amendment Equal Protection claims

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against Defendants Sergeants Arsaunt and Berry of California State Prison (“CSP”) in

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Corcoran, California.

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After the United States Marshal made several unsuccessful attempts to serve

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Defendant Berry (see ECF Nos. 18 & 20), on June 27, 2017, the Magistrate Judge

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assigned to the case directed Plaintiff to show cause within fourteen days why

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Defendant Berry should not be dismissed based on inability to effect service on him.

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(ECF No. 26.) To date, Plaintiff has failed to respond.

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Accordingly, IT IS HEREBY ORDERED that Defendant Berry is DISMISSED from

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the action, without prejudice, and the Clerk is DIRECTED to terminate Defendant Berry

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from the action.

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IT IS SO ORDERED.
Dated: August 2, 2017
SENIOR DISTRICT JUDGE