Atkinson
(PC) McDowell v. Atkinson
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JONATHAN DEWITT MCDOWELL, Case No. 1:20-cv-01036-DAD-SKO (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS
TO DISMISS DEFENDANT HERNANDEZ
v. FOR FAILURE TO EFFECT SERVICE OF
PROCESS
ATKINSON, et al., 21-DAY DEADLINE Defendants. 16 Plaintiff Jonathan Dewitt McDowell is a state prisoner proceeding pro se and in forma pauperis in this civil rights action. On April 22, 2021, the Court issued an order directing service of process on Defendants. (Doc. 16.) On June 3, 2021, the U.S. Marshals Service (USMS) filed a return of service unexecuted as to Defendant Hernandez. (Doc. 20.) Therefore, the Court issued an order to show cause why Defendant Hernandez should not be dismissed from this action for failure to effect service. (Doc. 21.) Plaintiff filed a response to the order to show cause on June 25, 2021, in which he provided additional identifying information regarding Defendant Hernandez. (Doc. 22.) On June 28, 2021, the Court…