(PC) Coleman v. California Department of Corrections

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SAAHDI COLEMAN, No. 2:21-cv-00625-TLN-EFB (PC) Plaintiff, v. ORDER CALIFORNIA DEPARTMENT OFCORRECTIONS, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. The United States Marshal has returned process directed to several defendants. 19 As to defendant “B. Freriks,” the unexecuted summons states that per the California Department 20 of Corrections and Rehabilitation (“CDCR”), this defendant passed away on October 31, 2021.1 21 ECF No. 41. As to defendants “Tyler,” and “J. Kelly,” the unexecuted summons state that the 22 CDCR is “unable to identify.” Id. 23 Rule 4(m) of the Federal Rules of Civil Procedure requires that an action be dismissed as 24 to a defendant not served within 90 days after filing the complaint unless the time is enlarged 25 26 1 No party has filed a formal statement noting death in accordance with Rule 25 of the Federal Rules of Civil Procedure, which establishes the…