Farmbrough

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MORRIS ROBINSON, No. 1:21-cv-00990-ADA-SAB (PC) Plaintiff, FINDINGS AND RECOMMENDATION

REGARDING DISMISSAL OF DEFENDANT

v. SERNA PURSUANT TO FEDERAL RULE

OF CIVIL PROCEDURE 4(M)

J. FARMBROUGH, et al., (ECF No. 20) Defendants. 16 Plaintiff Morris Robinson is proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s excessive force claim against Defendants Fambrough, Johnson, Silva, Bedolla and Furlong for excessive force, failure to intervene claim against Defendants Cruz and Rodriguez, and deliberate indifference claim against Defendant Serna. However, Defendant Serna as not been served with process. I. DISCUSSION Rule 4(m) of the Federal Rules of Civil Procedure provides that, if service of the summons and complaint is not made upon a defendant within 90 days…