Brazelton

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ERIC STRATFORD, No. 1:17-cv766-DAD-HBK (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS THAT

THIS CASE BE DISMISSED, WITHOUT

v. PREJUDICE UNDER FED. R. CIV. P. 4(m)

ARNOLD SCHWARZENEGGER, Defendant. 16 I. BACKGROUND Plaintiff initiated this action on April 20, 201 while confined in a California institution. Doc. No. 1. Plaintiff voluntarily dismissed this action on November 13, 2017. Doc. Nos. 12, 13. Approximately one year later, Plaintiff moved to re-open the case. Doc. No. 14. The former magistrate judge granted Plaintiff’s motion and reopened the case on December 6, 2018. Doc. No. 16. After screening, Plaintiff was permitted to proceed on his Eight Amendment claim against Defendant Schwarzenegger and the court directed service on Defendant on May 18, 2020. Doc. Nos. 28, 26. On September 10, 2020, the United States Marshal notified the court that despite multiple attempts, they were unable to locate…