StClair

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 GILBERT NAVARRO, Case No. 1:20-cv-00524-NONE-SKO (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS DEFENDANT HERNANDEZ

v. FOR FAILURE TO EFFECT SERVICE OF

PROCESS

J. STCLAIR, et al., 14-DAY DEADLINE Defendants. 16 Plaintiff Gilbert Navarro is a state prisoner proceeding pro se and in forma pauperis in this civil rights action. On August 28, 2020, the Court issued an order directing service of process on Defendants. (Doc. 14.) On December 28, 2020, the U.S. Marshals Service filed a return of service unexecuted as to Defendant Hernandez. (Doc. 21.) Therefore, on January 4, 2021, the Court ordered Plaintiff to show cause, within 21 days, why Defendant Hernandez should not be dismissed from this action for failure to effect service. (Doc. 22.) Plaintiff has not filed a response to the order to show cause, and the time to do so has passed. Federal Rule of Civil Procedure 4 provides: If a defendant is not…