Motiu

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DE'ANDRE IVISON WESTON, Case No. 1:24-cv-00638-KES-HBK (PC) Plaintiff, ORDER DENYING DEFENDANT’S

MOTION TO DISMISS AND GRANTING

v. ALTERNATIVE MOTION TO QUASH

SERVICE OF PROCESS

JOANA MOTIU,

Defendant. (Doc. No. 22) 16 17 Plaintiff De’Andre Ivison Weston, a pro se prisoner, initiated this action by filing a civil rights complaint under 42 U.S.C. §1983. On June 26, 2025 Defendant Motiu filed a motion to dismiss under Federal Rules of Civil Procedure (“FRCP”) 12(b)(4) and 12(b)(5). (See Doc. No. 22). Defendant sought dismissal of the complaint under FRCP 12(b)(4) because Plaintiff had incorrectly named Defendant Motiu as “Dr. Joanna,” in his initial complaint, which is not Defendant’s legal name. (Id. at 1). In the alternative, Defendant Motiu argues that the complaint should dismissed for insufficient service of process under FRCP 12(b)(5), or service of process should be quashed because the summons was…