Baeza
(PC) John E. Mitchell v. Baeza
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN EDWARD MITCHELL, Case No. 1:20-cv-00857-KES-HBK (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO
DISMISS DEFENDANT VANG UNDER
v. FED. R. CIV. P 4(m)
H. BAEZA, et al., 14-DAY OBJECTION PERIOD
Defendants.
16 17 This matter comes before the Court upon periodic review of the docket. For the reasons set forth below, the undersigned recommends Defendant Vang be dismissed from this action without prejudice pursuant to Rule 4(m) of the Federal Rules of Civil Procedure for Plaintiff’s failure to effectuate service upon him. BACKGROUND Plaintiff John Edward Mitchell, proceeding pro se, initiated this civil action on June 22, 2020. (Doc. No. 1, “Complaint”). Plaintiff paid the filing fee on July 1, 2020. Plaintiff proceeds on his Second Amended Complaint (“SAC”) against Defendants H. Baeza, J. Valencia-Mendoza, A. Parra, Vang, who were identified as correctional officers…