James v. Fadika

James · United States District Court for the Eastern District of California · June 12, 2025 · No. 2:24-CV-1773-DAD-DMC-P

Summary

The United States Magistrate Judge recommends dismissing this pro se civil rights action without prejudice because the plaintiff failed to provide information needed to serve the defendant and failed to comply with a court order. The recommendation also denies the plaintiff’s motion for release of medical records as moot.

Holdings

  1. The magistrate judge recommended dismissal of the action without prejudice because Plaintiff failed to provide information necessary to serve Defendant after being ordered and warned that noncompliance could result in dismissal.

Questions Presented

  1. Whether the action should be dismissed without prejudice for lack of prosecution and failure to comply with the court's order requiring information necessary to effect service.
  2. Whether Plaintiff's motion for release of medical records should be denied as moot following the recommended dismissal.

Disposition

other

Cases Cited (5)

  • Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000)(followed)
  • Malone v. U.S. Postal Service, 833 F.2d 128, 130, 132-33 & n.1 (9th Cir. 1987)(followed)
  • Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (per curiam)(followed)
  • Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986)(followed)
  • Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991)(followed)

Cited In (0)

No citing cases on record yet.

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