Torres v. Gipson et al

Filing 40

ORDER Adopting 34 Findings and Recommendation Dismissing Defendant L. Williams Pursuant to FRCP 4(m), signed by Chief Judge Lawrence J. O'Neill on 4/25/18. L. Williams (Classification Staff Representative) terminated. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JUAN MATIAS TORRES,

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Plaintiff,

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v.

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Case No. 1:16-cv-01525-LJO-JLT (PC)
ORDER ADOPTING FINDINGS
AND RECOMMENDATION DISMISSING
DEFENDANT L. WILLIAMS PURSUANT TO
FRCP 4(m)

GIPSON, et al.,
(Doc. 34)

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Defendants.

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Plaintiff, Juan Matias Torres, is a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action under 42 U.S.C. § 1983. The matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On April 2, 2018, the Magistrate Judge issued a Findings and Recommendation to dismiss

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Defendant L. Williams based on Plaintiff’s inability to locate Defendant L. Williams for service

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of process pursuant to Federal Rule of Civil Procedure 4(m). (Doc. 34.) The Findings and

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Recommendation was served that same day and contained notice that objections were to be filed

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within fourteen days. (Id.) Despite lapse of more than the allowed time, Plaintiff has not filed

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any objections.

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

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

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

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///

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//
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Accordingly, IT IS HEREBY ORDERED that:
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The Findings and Recommendations, issued on April 2, 2018 (Doc. 34), is adopted
in full; and

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Defendant L. Williams is DISMISSED from this action without prejudice under
Federal Rule of Civil Procedure 4(m) since not served with a summons in this

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action.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

April 25, 2018

UNITED STATES CHIEF DISTRICT JUDGE

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