Christian Lopez v. CDCR, et al.

Summary

The United States District Court for the Eastern District of California adopted findings and recommendations dismissing the unidentified Doe defendant without prejudice. The court dismissed the action without prejudice because plaintiff failed to prosecute the case, failed to obey court orders, and did not provide sufficient information to identify and serve the Doe defendant. The Clerk was directed to close the case.

Holdings

1. The Doe defendant was properly dismissed without prejudice because plaintiff failed to provide accurate and sufficient information to effect service within the period prescribed by Federal Rule of Civil Procedure 4(m), despite repeated opportunities to identify and substitute the defendant.
2. Dismissal without prejudice was warranted because plaintiff failed to prosecute the action and failed to obey multiple court orders, leaving no remaining defendant and no satisfactory lesser sanction available.

Questions Presented

1. Whether the district court should adopt the magistrate judge's recommendation to dismiss the Doe defendant without prejudice because plaintiff failed to provide accurate and sufficient information to effect service within the time prescribed by Federal Rule of Civil Procedure 4(m).
2. Whether dismissal without prejudice was warranted as a sanction for plaintiff's failure to prosecute and failure to obey court orders.

Disposition

dismissed