(PC) Armstrong v. Garcia et al, No. 2:2008cv00039 - Document 97 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 04/26/10 RECOMMENDING that dft Gellette be dismissed without prejudice. Objections due within 21 days. (Manzer, C)

Download PDF
(PC) Armstrong v. Garcia et al Doc. 97 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRADY K. ARMSTRONG, Plaintiff, 11 12 13 14 vs. SILVEA GARCIA, et al., Defendants. FINDINGS AND RECOMMENDATIONS / 15 16 No. CIV S-08-0039 FCD KJM P Plaintiff is a prisoner who is proceeding pro se and in forma pauperis. Plaintiff 17 seeks relief pursuant to 42 U.S.C. § 1983. On January 28, 2010, the court ordered the United 18 States Marshal to serve plaintiff’s complaint on defendant Gellette. Process directed to 19 defendant Gellette was returned unserved because defendant Gellette is no longer employed at 20 the address provided by plaintiff. This is the second time process directed to Gellette has been 21 returned unserved because plaintiff failed to provide an address where he can be served. 22 Because it does not appear that plaintiff can provide the United States Marshal with the 23 information necessary for the Marshal to serve defendant Gellette with process, the court will 24 recommend that defendant Gellete be dismissed. 25 26 Accordingly, IT IS HEREBY RECOMMENDED that defendant Gellette be dismissed without prejudice. 1 Dockets.Justia.com 1 These findings and recommendations are submitted to the United States District 2 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 3 one days after being served with these findings and recommendations, any party may file written 4 objections with the court and serve a copy on all parties. Such a document should be captioned 5 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 6 failure to file objections within the specified time may waive the right to appeal the District 7 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 8 DATED: April 26, 2010. 9 10 11 1/mp arms0039.dis 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.