Alvarez

I. INTRODUCTION

22 On August 13, 2025, the Court issued its Order Finding Service Appropriate. (Doc. 27.) 23 Specifically, it ordered the United States Marshal (USM) to serve Defendants Alipaz, Alvarez, 24 Connor, Hickerson, and Macabitas. (Id. at 1-2.) 25 Thereafter, on September 17, 2025, the California Department of Corrections and 26 Rehabilitation (CDCR) filed its notice of intent to waive service as to Defendants Alipaz, 27 Alvarez, Connor, and Hickerson. (Doc. 29 [sealed].)1 That same date, CDCR filed a notice of intent not to waive service as to Defendant Macabitas. (Doc. 30 [sealed].) CDCR indicated Macabitas was no longer in its employ and provided a last known address. (Id.) On September 26, 2025, the USM filed a summons returned unexecuted as to Defendant Macabitas. (Doc. 31.) Attempting to serve Eleazar G. Macabitas at the last known address provided, on September 24, 2025, the USM was advised by individuals residing at that address that they were renting the home, that Macabitas “moved out” and that Macabitas’s “location is not known.” (Id. at 1.) II. DISCUSSION Federal Rule of Civil Procedure 4(m) provides as…