Raymond E. Moore, Jr. v. Butte County, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAYMOND E. MOORE, Jr., Case No. 2:22-cv-1517-DJC-JDP (P) Plaintiff, v. ORDER BUTTE COUNTY, et al., Defendants. 16 17 This civil rights action proceeds against defendant Shoemaker. On July 30, 2025, I recommended that defendant Sage be dismissed based on plaintiff’s failure to effectuate service within the period prescribed by Federal Rule of Civil Procedure 4(m). ECF No. 68. I also notified plaintiff that there appeared to be an issue with defendant Shoemaker’s service. Id. at 2. While recognizing that service for Shoemaker was returned as executed, see ECF No. 42, I explained that I was unsure whether service was properly effectuated. The USM checked the box indicating personal service but identified a Kerry Cox (RN) as the individual served. See id. Nothing on the service form indicates whether Cox was legally allowed to accept service on Shoemaker’s behalf. 27 28 With that in mind, I gave plaintiff the option…