Mayfield

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

LEOBARDO ERIC RAMOS, Case No. 1:21-cv-01036-ADA-EPG (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT DEFENDANT

v. DOE BE DISMISSED FROM THIS ACTION,

WITHOUT PREJUDICE, PURSUANT TO

MAYFIELD, et al., FEDERAL RULE OF CIVIL PROCEDURE 4(M) Defendants. (ECF Nos. 57 & 74)

OBJECTIONS, IF ANY, DUE WITHIN

FOURTEEN DAYS 17 I. BACKGROUND Leobardo Ramos (“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 is currently proceeding on Plaintiff’s Eighth Amendment excessive force claim against defendant Mayfield and defendant Doe based on allegations that they directed Plaintiff to be taken into an empty cell, slammed Plaintiff onto his shoulder, and then repeatedly kicked and punched him. (ECF Nos. 10, 12, & 21). Defendant Doe has not been served. On August…