Osterlie

(PS) Harris v. Osterlie

Good Law
United States District Court, Eastern District of CaliforniaDecember 26, 20232:22-cv-01537California484 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MILTON D. HARRIS, Case No. 2:22-cv-01537-TLN-JDP (PS) Plaintiff, FINDINGS AND RECOMMENDATIONS v. THAT THIS ACTION BE DISMISSED

WITHOUT PREJUDICE FOR FAILURE TO

PAUL OSTERLIE, JR., et al., COMPLY WITH COURT ORDERS AND

COMPLETE SERVICE OF PROCESS

Defendants.

OBJECTIONS DUE WITHIN FOURTEEN

DAYS 17 18 In September 2022, plaintiff filed a complaint and paid the required filing fee. Plaintiff subsequently filed a purported proof of service indicating that he attempted to serve defendants on September 14, 2022. ECF No. 4. However, that filing showed that plaintiff simply mailed a copy of the summons and complaint to an address in Ione, which is insufficient to demonstrate that service was properly effectuated. Id.; see Fed. R. Civ. P. 4(e)(2)(A)-(C); Cal. Civ. P. § 415.20(b). Accordingly, on June 15, 2023, I ordered plaintiff to show cause within fourteen days why this action…

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