Summary
dismissing all individual defendants, California Department of Corrections and Rehabilitation employees sued in both in their individual and official capacities, for plaintiff's failure to serve them, noting "[t]he greater problem for Plaintiff is that he also targeted these six defendants in their individual capacity but did not serve them with process"
Summary of this case from Martin v. OrdikhaniOpinion
CASE NO. SA CV 13-00238 JGB (RZ)
2013-10-15
JOSE MANUEL LOPEZ, Plaintiff, v. THE STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, ET AL., Defendants.
ORDER-
1. ACCEPTING REPORT AND
RECOMMENDATION; and
2. DENYING PETITIONER'S
REQUEST FOR
CONTINUANCE
The Court has reviewed the file in this matter, and has read and reviewed the Report and Recommendation of United States Magistrate Judge. Further, the Court has reviewed de novo those portions of the Report to which Plaintiff has objected. The Court accepts the findings and recommendations in the Report.
Within Petitioner's Objections (at 2-3) is his request for a 90-day "extension," meaning a continuance, to permit him to begin long-overdue efforts to serve the several unserved defendants. The Court DENIES that request for lack of good cause.
_________________
JESUS G. BERNAL
UNITED STATES DISTRICT JUDGE