(PC) Ochotorena v. Adams et al, No. 1:2005cv01524 - Document 106 (E.D. Cal. 2011)

Court Description: ORDER ADOPTING 102 FINDINGS AND RECOMMENDATIONS and DISMISSING Defendant Astorga Without Prejudice for Failure to Effect Service of Process, signed by District Judge Lawrence J. O'Neill on 6/8/2011. (Marrujo, C)

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(PC) Ochotorena v. Adams et al Doc. 106 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 RICHARD A. OCHOTORENA, 11 12 13 14 15 CASE NO. 1:05-CV-01524-LJO-DLB PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING DEFENDANT ASTORGA WITHOUT PREJUDICE FOR FAILURE TO EFFECT SERVICE OF PROCESS v. DARREL G. ADAMS, et al., Defendants. (DOC. 102) / 16 17 Plaintiff Richard A. Ochotorena (“Plaintiff”) is a California state prisoner proceeding pro se 18 and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The United States 19 Marshal was unable to effect service of process on Defendant Astorga, and on April 25, 2011, 20 returned the USM-285 form and the summons unexecuted. Doc. 101. The matter was referred to 21 a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 On May 9, 2011, the Magistrate Judge filed a Findings and Recommendations which was 23 served on the parties and which contained notice to the parties that any objection to the Findings and 24 Recommendations was to be filed within fourteen days. Doc. 102. Plaintiff filed an Objection to 25 the Findings and Recommendations on June 6, 2011. Doc. 105. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1), this Court has conducted a de 27 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 28 Recommendations to be supported by the record and by proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations, filed May 9, 2011, is adopted in full; and 3 2. Defendant Astorga is dismissed without prejudice for failure to effect service of 4 process pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. 5 IT IS SO ORDERED. 6 Dated: b9ed48 June 8, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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