Rosales
(PC) Guerra v. Rosales
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAVIER H. GUERRA, No. 2:20-CV-0836-DJC-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS A. MARTINEZ, Defendant. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. A review of the docket reflects that all defendants other than A. Martinez have been dismissed from this action. As to Defendant A. Martinez, summons was returned unexecuted on October 7, 2021. See ECF No. 22. On February 27, 2023, Plaintiff was directed to show cause in writing within 30 days why this action should not be dismissed for failure to effect timely service on the sole remaining defendant pursuant to Federal Rule of Civil Procedure 4(m). Plaintiff was cautioned that failure to comply could result in dismissal of the entire action for lack of prosecution. See Local Rule 110. To date, Plaintiff has not responded to the February 27, 2023, order to show cause or served…