(PC) Howard v. Kern County Lerdo Facility Medical Cheif ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BILLY HOWARD, Case No. 1:21-cv-00931-JLT-CDB (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS 13 v. DEFENDANT PETERS FROM THIS ACTION 14 KERN COUNTY LERDO FACILITY FOR PLAINTIFF’S FAILURE TO EFFECT MEDICAL CHIEF, et al., SERVICE OF PROCESS 15 Defendants. (Doc. 39) 16 17 18 Plaintiff Billy Howard seeks to hold Defendants liable for violations of his civil rights. 42 19 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 20 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On October 10, 2023, the assigned magistrate judge issued findings and recommendations 22 to dismiss Defendant Peters from the action for Plaintiff’s failure to effect service of process. 23 (Doc. 39.) The magistrate judge provided Plaintiff 14 days within which to file any objections to 24 the findings and recommendations. (Id. at 3-4.) Plaintiff was also advised that the “failure to file 25 objections within the specified time may result in waiver of rights on appeal.” (Id., citing 26 Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 27 (9th Cir. 1991).) No objections have been filed, and the time to do so has expired. 1 Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this case. 2 | Having carefully reviewed the matter, the Court concludes the Findings and Recommendations to 3 | be supported by the record and proper analysis. Accordingly, the Court ORDERS: 4 1. The Findings and Recommendations issued on October 10, 2023 (Doc. 39) are 5 ADOPTED in full. 6 2. Defendant Elena Peters is DISMISSED without prejudice from this action. 7 3. The Clerk of the Court is also DIRECTED to terminate “Kern County Lerdo Facility 8 Nursing Staff’ as a named defendant on the docket for this action. 9 4. The matter is referred to the magistrate judge for further proceedings. 10 IT IS SO ORDERED. D Dated: _ November 7, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28