Raymond E. Moore, Jr. v. Butte County, et al.

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAYMOND E. MOORE, Jr., Case No. 2:22-cv-1517-DJC-JDP (P) 12 Plaintiff, 13 v. ORDER 14 BUTTE COUNTY, et al., 15 Defendants. 16 17 18 This civil rights action proceeds against defendant Shoemaker. On July 30, 2025, I 19 recommended that defendant Sage be dismissed based on plaintiff’s failure to effectuate service 20 within the period prescribed by Federal Rule of Civil Procedure 4(m). ECF No. 68. I also 21 notified plaintiff that there appeared to be an issue with defendant Shoemaker’s service. Id. at 2. 22 While recognizing that service for Shoemaker was returned as executed, see ECF No. 42, I 23 explained that I was unsure whether service was properly effectuated. The USM checked the box 24 indicating personal service but identified a Kerry Cox (RN) as the individual served. See id. 25 Nothing on the service form indicates whether Cox was legally allowed to accept service on 26 Shoemaker’s behalf. 27 28 1 With that in mind, I gave plaintiff the option…