(PC) Palmer v. Woodford et al, No. 1:2006cv00512 - Document 122 (E.D. Cal. 2013)

Court Description: ORDER Adopting 121 FINDINGS AND RECOMMENDATIONS Regarding DISMISSAL of Defendant Lopez for Failure to Effectuate Service of Process signed by District Judge Lawrence J. O'Neill on 8/12/2013. (Sant Agata, S)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WILL MOSES PALMER, III, 12 Plaintiff, 13 v. 14 JORDNT, et al., 15 Defendants. 16 17 ) ) ) ) ) ) ) ) ) ) Case No.: 1:06-cv-00512-LJO-BAM PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF DEFENDANT LOPEZ FOR FAILURE TO EFFECTUATE SERVICE OF PROCESS (ECF No. 111, 112, 120, 121) Plaintiff Will Moses Palmer, III, (“Plaintiff”) is a state prisoner proceeding se and in forma 18 pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on 19 April 28, 2006. (ECF No. 1.) This action now proceeds on Plaintiff’s second amended complaint 20 against Defendants Lopez, Jordnt, and Bardonnex for retaliation and denial of access to the courts. 21 (ECF Nos. 111, 112.) 22 On July 5, 2013, the Magistrate Judge issued findings and recommendations that Defendant 23 Lopez be dismissed from this action, without prejudice, based on Plaintiff’s failure to effect service of 24 summons and complaint pursuant to Federal Rule of Civil Procedure 4(m). The findings and 25 recommendations were served on Plaintiff and contained notice that objections should be filed within 26 thirty (30) days after service. More than thirty (30) days have passed and Plaintiff has not filed any 27 objections. 28 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de 2 novo review of this case. Having carefully reviewed the entire file, the Court finds the findings and 3 recommendations to be supported by the record and by proper analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The findings and recommendations issued on July 5, 2013, are adopted in full; and 6 2. Defendant Lopez is DISMISSED from this action, without prejudice, based on 7 Plaintiff’s failure to effect service of summons and complaint pursuant to Federal Rule of Civil 8 Procedure 4(m). 9 10 11 12 13 14 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill August 12, 2013 UNITED STATES DISTRICT JUDGE DEAC_Signature-END: b9ed48bb 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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.