Porter v. Amezcua

Summary

The United States District Court for the Eastern District of California adopts in full the magistrate judge’s findings and recommendations. The court dismisses without prejudice the claims against the unidentified John Doe and Jane Doe defendants because Plaintiff failed to provide sufficient information to substitute their identities and effect service.

Holdings

1. After conducting de novo review under 28 U.S.C. § 636(b)(1), the district court adopted the magistrate judge's findings and recommendations in full.
2. Claims against Defendants John Doe 1-5 and Jane Doe 1-2 were dismissed without prejudice, and those defendants were dismissed from the action, because Plaintiff failed to provide sufficient information to effect service.

Questions Presented

1. Whether the district court should adopt the magistrate judge's findings and recommendations after Plaintiff failed to file objections.
2. Whether the claims against the unidentified Doe defendants should be dismissed without prejudice under Federal Rule of Civil Procedure 4(m) because Plaintiff failed to provide sufficient information to effect service.

Disposition

dismissed