(PC) Sessoms v. Keller et al, No. 2:2016cv01943 - Document 47 (E.D. Cal. 2018)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 07/19/18 ORDERING the Clerk is directed to randomly assign a United States District Judge to this case. Also, RECOMMENDING that defendant Venegas Jr. be dismissed. Assigned and referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
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(PC) Sessoms v. Keller et al Doc. 47 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 TIO DINERO SESSOMS, 11 12 13 No. 2:16-cv-1943-EFB P Plaintiff, v. JOHN PATRICK KELLER, et al., 14 ORDER AND FINDINGS AND RECOMMENDATIONS Defendants. 15 16 Plaintiff is a former state prisoner proceeding without counsel in an action brought under 17 42 U.S.C. § 1983. On May 10, 2018, the court informed him that for the second time that the 18 United States Marshal had been unable to serve defendant Venegas, Jr. using the information 19 provided by plaintiff. ECF No. 38. The court instructed plaintiff to provide new information for 20 service of process within 30 days and warned him that failure to do so or show cause for such 21 failure would result in a recommendation that defendant Venegas, Jr. be dismissed pursuant to 22 Rule 4(m) of the Federal Rules of Civil Procedures. Id.; see also Fed. R. Civ. P. 4(m) (service of 23 process must be effected within 90 days of the filing of the complaint unless plaintiff 24 demonstrates good cause). The time for acting has passed and plaintiff has not responded to the 25 court’s order. 26 Plaintiff has had three opportunities to submit information about where defendant 27 Venegas, Jr. can be served, and has been warned that Rule 4(m) requires that service of process 28 be effected within 90 days of the filing of the complaint absent a showing of good cause. The 1 Dockets.Justia.com 1 time for serving defendant Venegas, Jr. has expired and plaintiff has failed to demonstrate the 2 requisite good cause to avoid dismissal under Rule 4(m). 3 4 5 6 Accordingly, it is hereby ORDERED that the Clerk is directed to randomly assign a United States District Judge to this case. Further, it is RECOMMENDED that defendant Venegas, Jr. be dismissed. See Fed. R. Civ. P. 4(m). 7 These findings and recommendations are submitted to the United States District Judge 8 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 9 after being served with these findings and recommendations, any party may file written 10 objections with the court and serve a copy on all parties. Such a document should be captioned 11 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 12 within the specified time may waive the right to appeal the District Court’s order. Turner v. 13 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 14 DATED: July 19, 2018. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2