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