(PC) Jones v. Lynch

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAYON JONES, No. 2:22-cv-00025 DAD DB P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 JEFF LYNCH, et al., 15 Defendants. 16

17 18 Plaintiff is a prisoner proceeding pro se and in forma pauperis. Plaintiff seeks relief 19 pursuant to 42 U.S.C. § 1983. For the reasons set forth below, the undersigned recommends this 20 action be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 4(m). 21 I. Background 22 Following plaintiff’s notice of election (ECF No. 13) and the court’s order filed on 23 November 28, 2022 (ECF No. 14), this case proceeds on plaintiff’s potentially cognizable Eighth 24 Amendment medical needs claim against a single defendant, Kimberly Brooke. On November 28, 25 2022, the court ordered the U.S. Marshal to serve the complaint on defendant Brooke. (ECF No. 26 15.) 27 On January 3, 2023, the California Department of Corrections and Rehabilitation 28 (“CDCR”) returned a notice of intent not to waive…