Pimental

Pimental v. Rivera

Good Law
United States District Court, Eastern District of CaliforniaJanuary 14, 20201:19-cv-01088California1,178 words

Opinion

Trial Court Opinion

I. INTRODUCTION

15 On August 9, 2019, Plaintiff, proceeding in forma pauperis, filed this case against 16 Defendants pursuant to 42 U.S.C. § 1983. (Doc. 1.) The Court found Plaintiff’s complaint stated 17 a cognizable claim for failure to provide medical assistance, (see Docs. 4, 5, 6), and directed service of the complaint by the United States Marshal, (Docs. 7, 9). On October 25, 2019, proof of service was filed on the docket. (Doc. 10.) 21 Defendants filed a motion to quash service on December 30, 2019. (Doc. 14.) Plaintiff 22 filed an opposition on January 10, 2020. (Doc. 15.) For the reasons stated below, Defendants’ 23 motion is granted, and service is quashed.

II. DISCUSSION

25 A. Legal Standards Rule 4 of the Federal Rules of Civil Procedure provides that proper service can be made on 28 1 with someone of suitable age and discretion who resides there; or (C) delivering a copy of each to an agent authorized by appointment or by law to receive service of process. Fed. R. Civ. P. 4(e)(2). Proper service can also be made pursuant to the applicable law of the state in which the case was 5 filed or in which service…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.