(PC)Rivera v. Suisun City Police Department ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 JASON RIVERA, No. 2:19-cv-0920-KJM-EFB P 11 Plaintiff, 12 v. FINDINGS AND RECOMMENDATIONS 13 SUISUN CITY POLICE DEAPRTMENT, et al., 14 Defendants. 15 16 17 Plaintiff is a state prisoner proceeding pro se in an action brought under 42 U.S.C. § 1983. 18 The United States Marshal has returned process directed to defendant Maccabe, stating that the 19 defendant cannot be located using the information provided by plaintiff. ECF No. 19. On May 20 18, 2020, the court instructed plaintiff to provide new information for service of process within 30 21 days and warned him that failure to do so or show cause for such failure would result in a 22 recommendation that defendant Maccabe – the sole defendant in this case – be dismissed 23 pursuant to Rule 4(m) of the Federal Rules of Civil Procedures. ECF No. 20; see also Fed. R. 24 Civ. P. 4(m) (service of process must be effected within 90 days of the filing of the complaint 25 unless plaintiff demonstrates good cause). The time for acting has passed and plaintiff has not 26 responded to the court’s order. 27 Plaintiff has had the opportunity to submit information about where defendant Maccabe 28 can be served and has been warned that Rule 4(m) requires that service of process be effected wOASe 2 LD UVM YOU ING VEE MUO oD PIR ie AY eT 1 | within 90 days of the filing of the complaint and that the failure to do so could result in dismissal 2 || absent a showing of good cause. The time for serving defendant Maccabe has expired and 3 || plaintiff has failed to demonstrate the requisite good cause to avoid dismissal under Rule 4(m). 4 Accordingly, it is hereby RECOMMENDED that defendant Maccabe — and consequently, 5 | the entire case — dismissed. See Fed. R. Civ. P. 4(m). 6 These findings and recommendations are submitted to the United States District Judge 7 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 8 || after being served with these findings and recommendations, any party may file written 9 | objections with the court and serve a copy on all parties. Such a document should be captioned 10 | “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 11 || within the specified time may waive the right to appeal the District Court’s order. Turner v. 12 || Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 13 | DATED: September 16, 2020. i4 tid, PDEA 15 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28