Silva

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JOEY ALVAREZ, ) Case No.: 1:19-cv-00003-DAD-SAB (PC) ) Plaintiff, ) ) FINDINGS AND RECOMMENDATION v. ) RECOMMENDING DISMISSAL OF

DEFENDANT RODRIGUEZ PURSUANT TO

SILVA, et.al., ) RULE 4(M) ) Defendants. ) [ECF No. 53] ) )

Plaintiff Joey Alvarez is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. I. DISCUSSION On July 10, 2019, the Court found that service of Plaintiff’s second amended complaint was appropriate as to Defendants Silva and Rodriguez for excessive force in violation of the Eighth amendment. (ECF No. 21.) On July 31, 2019, pursuant to the E-Service pilot program for civil rights cases in the Eastern District of California, the California Department of Corrections and Rehabilitation returned a notice of intent to not waive personal…