(PC) Dowd v. Yates, No. 1:2007cv01505 - Document 90 (E.D. Cal. 2011)

Court Description: ORDER ADOPTING 84 FINDINGS AND RECOMMENDATIONS and DISMISSING Defendant Arguerralde From Action Without Prejudice, signed by Judge Oliver W. Wanger on 1/25/2011. (Jessen, A)

Download PDF
(PC) Dowd v. Yates Doc. 90 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 RODNEY LAMONT DOWD, 9 1:07-CV-01505-OWW-DLB PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING DEFENDANT ARGUERRALDE FROM ACTION WITHOUT PREJUDICE 10 v. 11 JAMES A. YATES, et al., (DOC. 84) 12 Defendants. 13 14 / 15 16 Plaintiff Rodney Lamont Dowd (“plaintiff”) is a California 17 state prisoner proceeding pro se and in forma pauperis in this 18 civil rights action pursuant to 42 U.S.C. § 1983. 19 referred to a United States Magistrate Judge pursuant to 28 U.S.C. 20 § 636(b)(1)(B) and Local Rule 302. The matter was 21 On December 8, 2010, the Magistrate Judge filed a Findings and 22 Recommendations herein which was served on the parties and which 23 contained notice to the parties that any objection to the Findings 24 and 25 Plaintiff filed an Objection to the Findings and Recommendations on 26 December 17, 2010. 27 28 Recommendations was to be filed within fourteen days. In accordance with the provisions of 28 U.S.C. § 636(b)(1), this Court has conducted a de novo review of this case. 1 Having Dockets.Justia.com 1 carefully reviewed the entire file, the Court finds the Findings 2 and Recommendations to be supported by the record and by proper 3 analysis. 4 The Court has directed the United States Marshals Service to 5 serve process on Defendant 6 spelling of Defendant’s name, on three occasions. 7 attempts, the United State Marshal was unable to locate Defendant 8 Arguerralde, and the USM-285 forms were returned unexecuted each 9 time. Docs. 29, 67, 80. Arguerralde, based on Plaintiff’s After all three The Marshals Service has satisfied its 10 statutory duty in attempting to effect service of process. See 11 Walker v. Sumner, 14 F.3d 1415, 1421-22 (9th Cir. 1994), abrogated 12 in part on other grounds, Sandin v. Conner, 515 U.S. 472 (1995). 13 Plaintiff failed to provide sufficient information for the Marshal 14 to effect service of process. 15 dismissed. Defendant Arguerralde will be 16 Accordingly, IT IS HEREBY ORDERED that: 17 1. 18 19 The Findings and Recommendations, filed December 8, 2010, is adopted in full; and 2. Defendant Arguerralde prejudice is 21 process pursuant to Federal Rule of Civil Procedure 4(m). effect service IT IS SO ORDERED. Dated: January 25, 2011 emm0d6 to this action without 23 failure from 20 22 for DISMISSED /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 24 25 26 27 28 2 of

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.