Farmbrough

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MORRIS ROBINSON, No. 1:21-cv-00990-NODJ-SAB (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATION

RECOMMENDING DISMISSAL OF

13 v. DEFENDANT CERNA PURSUANT TO

FEDERAL RULE OF CIVIL PROCEDURE

14 J. FARMBROUGH, et al., 4(m) 15 Defendants. (ECF No. 86) 16 17 Plaintiff Morris Robinson is proceeding pro se and in forma pauperis in this civil rights 18 action filed pursuant to 42 U.S.C. § 1983. 19 This action proceeds on Plaintiff’s excessive force claim against Defendants Fambrough, 20 Johnson, Silva, Bedolla and Furlong for excessive force, failure to intervene claim against 21 Defendants Cruz and Rodriguez, and deliberate indifference claim against Defendant Leticia Rad 22 Cerna-previously identified by Plaintiff as Serna. However, Defendant Cerna has not been served 23 with process. 24 I. 25 DISCUSSION 26 On February 1, 2024, the United States Marshal (USM) returned…