(PC)Wallace

(PC)Wallace v. White

Good Law
United States District Court, Eastern District of CaliforniaMarch 23, 20221:20-cv-00844California374 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM JAMES WALLACE, II, No. 1:20-cv-00844 JLT EPG (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS RECOMMENDING

v. THAT JOHN DOE BE DISMISSED

WITHOUT PREJUDICE

J. WHITE, et al., (Doc. 54) Defendants.

16 On February 8, 2022, the magistrate judge issued Findings and Recommendations that Defendant John Doe be dismissed without prejudice. (Doc. 54.) The magistrate judge observed that despite the case pending since June 2020 and discovery being opened on the identity of “John Doe,” Plaintiff failed to identify the defendant or provide the Marshal with accurate and sufficient information to effect service. (Id. at 3.) The magistrate judge recommended the dismissal, without prejudice, due to Plaintiff’s failure to serve, failure to prosecute, and failure to obey the Court’s order to show cause. (Id. at 4-5.) The Court served the Findings and Recommendations on the parties, which contained notice that any objections…

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