Opinion
No. 1:12-cv-01674-DAD-BAM (PC)
03-25-2016
SCOTT HERD, Plaintiff, v. JAMES D. HARTLEY, et al., Defendants.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS DISMISSING DEFENDANTS BRYANT, CATES, AND HARTLEY FOR FAILURE TO EFFECT SERVICE, WITHOUT PREJUDICE
(Doc. No. 43)
Plaintiff Scott Herd is a prisoner proceeding in forma pauperis and pro se in this civil rights action pursuant to 42 U.S.C. § 1983. (Doc. No. 9.) The matter was referred to a United States magistrate judge pursuant to 28 U.S.C. § 636(1)(B) and Local Rule 302.
On March 2, 2016, the assigned magistrate judge issued findings and recommendations recommending that named defendants Bryant, Cates, and Hartley be dismissed from this action, without prejudice, due to plaintiff's failure to effect service of process pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Doc. No. 43.) The findings and recommendation was served on plaintiff and contained notice that any objections were to be filed within twenty days. On March 17, 2016, plaintiff filed a notice stating he does not oppose the dismissal of defendants Bryant, Cates, or Hartley because he intends to proceed only against defendants Garcia and Flores in this action. (Doc. No. 44.)
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a de novo review of this case. Having carefully reviewed the entire file, including plaintiff's notice, the court finds the findings and recommendations to be supported by the record and by proper analysis.
Accordingly, based on the foregoing:
1. The findings and recommendations (Doc. No. 43), filed on March 2, 2016, are adopted in full;IT IS SO ORDERED. Dated: March 25 , 2016
2. Defendants Bryant, Cates, and Hartley are dismissed without prejudice from this action, due to plaintiff's failure to effect service pursuant to Rule 4 of the Federal Rules of Civil Procedure; and
3. This action shall proceed on plaintiff's first amended complaint against only defendants A. Garcia and Flores.
/s/_________
UNITED STATES DISTRICT JUDGE