(PC) Jones v. Lynch

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAYON JONES, No. 2:22-cv-00025 DAD DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS JEFF LYNCH, et al., Defendants.

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