Cuellar

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JAKAN CHAMEL MILLS, Case No. 1:20-cv-01247-NONE-EPG (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT DEFENDANT

v. DIAZ BE DISMISSED FROM THIS

ACTION, WITHOUT PREJUDICE,

R. CUELLAR, et al., PURSUANT TO FEDERAL RULE OF CIVIL

PROCEDURE 4(M)

Defendants. (ECF NOS. 19 & 21)

OBJECTIONS, IF ANY, DUE WITHIN

FOURTEEN DAYS 17 I. BACKGROUND Jakan Mills (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This case now proceeds “on Plaintiff’s complaint filed September 3, 2020 (ECF 1), on Plaintiff’s Eighth Amendment excessive force claim against defendants Cuellar and Diaz.” (ECF No. 15, p. 1). All other claims and defendants were dismissed. (ECF No. 23). Defendant Diaz has not been served. On December 9, 2020, the Court received an Amended Notice of…